State Of Bihar & Others v. Nand Kishore Ojha & Others

SLPs (Civil) Nos. 22882-88 of 2004

1. The affidavit affirmed by the Commissioner-cum-Secretary, Education Department, Government of Bihar setting out the grounds for withdrawal of the special leave petition is taken on record.

2. It is stated by the learned counsel appearing on behalf of the State of Bihar that on the basis of grounds as set out in the said affidavit the special leave petitions should be permitted to be withdrawn. Therefore, without going into the merits of the special leave petitions, they are dismissed as withdrawn.

SLPs (C) Nos. 23075-78 of 2004 & 24373-75 of 2004

3. The grievance of the petitioner, namely, the Bihar Staff Selection Commission (referred to as “the Commission”) is that the petitioner has been directed to refund the quantum collected by the Commission from the students for holding an examination. The examination admittedly has not been held.

4. It is stated on behalf of the State of Bihar that the money collected from the candidates being Rs.75 from the general category candidates and Rs.25 from the candidates belonging to the Scheduled Castes and Scheduled Tribes, totaling about Rs.12.50 lakhs is lying in the General Post Office at Patna.

5. It is stated that the State of Bihar will give general notice and reasonable time to the students to claim refund to make applications. If there is any balance, the left over amount will be deposited in the Chief Minister’s Relief Fund. Any expense which the Commission has incurred by reason of the preliminary steps for the holding of the examination will be adjusted between the State Government and the Commission.

6. In view of the said statement, the special leave petitions are disposed of.