Arya Achint v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8908 of 2017 ======================================================

1. Arya Achint son of Sh. Rakesh Kumar Sharma resident of Hartali More, Bailey Road, P.S. Kotwali, Dist. - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Higher Education, Govt. of Bihar.

2. The Vice-Chancellor, Magadh University, Bodh Gaya.

3. The Registrar, Magadh University, Bodh Gaya.

4. The Examination Controller, Magadh University, Bodh Gaya.

5. Principal, Bihar Institute of Law, Raja Bazar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Respondent/s : Mr. Prabhakar Jha-GP27 For the M.U. : Mr. Priyank Deepak, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2017 Heard Mrs. Nivedita Nirvikar, the learned counsel for the petitioner, learned AC to GP-7 and Mr. Priyank Deepak, the learned counsel for the Magadh University.

The simple question arises for consideration as to whether the University is justified in not accepting the filled up form of the petitioner for LL.B Part-III examination? The learned counsel for the petitioner submits that in the month of April, 2017, the forms started to be filled up. The petitioner purchased the form after depositing required fees on 11.04.2017, but when the petitioner went to deposit the form, the office refused to accept the form due to non availability of

Patna High Court CWJC No.8908 of 2017 (3) dt.04-07-2017 2/2 registration number. The petitioner obtained Migration certificate and thereafter rushed to the University to deposit the form, but the University refused to accept the form on account of delay. It is submitted that till the last year the University used to accept the forms with late fine.

The learned counsel for the Magadh University submits that if this court directs, the University has got no objection in accepting the form.

Considering the fact that on account of some laches and misunderstanding, the petitioner could not deposit the examination form within time, respondent No.3, the Registrar Magadh University, and respondent No.4, the Examination Controller, Magadh University, are directed to accept the filled up form of the petitioner by 6th July, 2017, subject to deposit of late fine, if any, so that the petitioner may appear in the LL.B. Part-III examination.

With this direction, this writ petition is disposed of. (Prabhat Kumar Jha, J) BKS/- U