Sudarshan Mishra v. The Magadh University
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1442 of 2022 ====================================================== 1.
Sudarshan Mishra S/o Late Hareram Mishra, resident of Mohalla - B/15, Vivek Vihar Colony via Sonu Market Gola Road, District - Patna. 2.
Ankur Kumar Singh, S/o Sanjeev Kumar Singh, resident of near Brahma Asthan, Ward No. 15, Ghoswar, Vaishali - 844102, Bihar. ... Petitioners
Versus
1.
The Magadh University through its Vice Chancellor, Bodh Gaya, Gaya. 2.
The Vice Chancellor, Magadh University, Bodh Gaya, Gaya. 3.
The Registrar, Magadh University, Bodh Gaya, Gaya. 4.
The Examination Controller, Magadh University, Bodh Gaya, Gaya. 5.
Dr. B.R. Ambedkar Institute of Dental Science and Hospital, through its Chairman, Ram Jaipal Nagar (Hariom Nagar), New Bailey Road, Patna - 801503.
6.
The Chairman, Dr. B.R. Ambedkar Institute of Dental Science and Hospital, Ram Jaipal Nagar (Hariom Nagar), New Bailey Road, Patna. 7.
The Director, Dr. B.R. Ambedkar Institute of Dental Science and Hospital, Ram Jaipal Nagar (Hariom Nagar), New Bailey Road, Patna - 801503. 8.
The Principal, Dr. B.R. Ambedkar Institute of Dental Science and Hospital, Ram Jaipal Nagar (Hariom Nagar), New Bailey Road, Patna - 801503. 9.
Dental Council of India, through its Secretary, Aiwan-e-Galib Marg, Kotla Road, Temple Lane, New Delhi, Delhi- 110002. ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Ankit Katriar, Adv.
For the Respondent/s :
Mr.Ritesh Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 15-12-2022 Heard the parties.
The petitioners have prayed as under :
"That this interlocutory application an application praying for issuance of a writ in the nature of writ of mandamus or any other appropriate writ / order / direction to the respondents authorities to furnish (i) copies of the practical and viva-voce examination marks sheets, (ii) Attendance sheet of the practical & viva-voce examinations and (iii) Tabulation register of the published result with respect of the B.D.S. Final Exam-2020 (II) and,
Patna High Court CWJC No.1442 of 2022(7) dt.15-12-2022 2/2 further, to justify the reason as to why the results of the petitioners has not been published.
The petitioners also pray for issuance of consequent writ in the nature of a writ or mandamus or any other appropriate writ / order / direction to the respondent authorities to ensure that the petitioners' correct marks for their practical & viva-voce for the said examination are considered in the proper perspective and the appropriate results are published. The petitioners further pray for issuance of any other appropriate writ / direction / order in the facts of the case to ensure timely and effective consequential benefits / reliefs to them."
Obviously the furnishing of copies of marks sheets and other documents comes within the ambit of Right to Information Act and a separate statutory forum has been laid for the said purpose. However, frivolous writ petitions are being filed in this Court seeking copies under Articles 226 of the Constitution of India causing wastage of time of Court. The writ petition is dismissed with costs of Rs.20,000/- to be deposited with the Bihar State Legal Services Authority recoverable under the Public Demand Recovery Act. (Sanjeev Prakash Sharma, J) Shamshad/- Item No. 9 U