Snehdeep Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1436 of 2022 ====================================================== 1.

Snehdeep Kumar Son of Ramesh Kumar Das Resident of Ward Number 5, at Bariyarpur, Post- Rahatpur, P.S.- Baliya, District- Begusarai. 2.

Amit Sharma Son of Vijay Sharma Resident of- Ward No.- 5, VillageSumer Dhanao, Post- Dhanao, Saran, Baniapur, Bihar- 841403. 3.

Manish Kumar Son of Pradip Singh Resident of- Ward no.- 12 Village and Post- Nawada, Chautham, Khagaria, Bihar- 851201 4.

Anand Kumar Son of Amit Kumar Resident of- House no. 0/15, Phase- 1, Ashiananagar, Patna, Bihar- 800025.

5.

Amrit Kumar Son of Anil Kumar Yadav Resident of- Khaira, Ward No.- 10, Garhia Vijaypur, Sau Bazar, Saharsa, Bihar- 852221. 6.

Nishi Kumari Daughter of Niranjan Kumar Resident of- Walipur, Bhagwanpur, Hulasganj, Jehanabad, Bihar- 804407. 7.

Sonam Kumari Daughter of Jagdish Prasad Resident of- Aruri, Iruri, Nawada Bihar- 805124 ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Human Resource Development, Government of India.

2.

The All India Council for Technical Education, Through its Secretary, Nelson Mandela Marg, Vasant Kunj, New Delhi.

3.

The Government of Bihar, through the Secretary, Department of Science and Technology, Government of Bihar.

4.

The Chief Secretary, Department of Home, Government of Bihar, Chief Secretariat, Patna 5.

The Secretary, State Board of Technical Education, Department of Science and Technology, Government of Bihar, Vishweshraiya Bhavan, Bailey Road, Patna.

6.

The Controller of Examination, State Board of Technical Education, Government of Bihar, Vishweshraiya Bhavan, Bailey Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar For the Respondent/s :

Mr.Dr. K.N. Singh (ASG) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-02-2022 Heard Mr. Nishant Kumar, learned Advocate for the petitioners and Ms. Archana, learned Advocate for the

Patna High Court CWJC No.1436 of 2022(3) dt.16-02-2022 2/3 AICTE.

The petitioners have raised a grievance that only in the State of Bihar, the semester examination of Diploma courses in various Polytechnic Colleges which has commenced from 27th of January, 2022 is being conducted in physical mode whereas in other States, on-line open book examination is being taken.

This Court was curious to know as to why only in the State of Bihar, off-line examination is being held. Ms. Archana, learned Advocate for the AICTE on instructions has submitted that because of the improvement in the Pandemic situation and most of the schools and colleges having opened up, it was considered to be a better option to take off-line examination where the candidates shall have the fullest opportunity of writing the examination and displaying their knowledge and preparation.

The examination has already commenced.

There is no reason why this Court ought to interfere with the mode of examination which has been decided by the respondents after taking into account the current status of Pandemic-19.

It is true that most of the colleges and educational institutions have opened up and therefore there would be no justification for taking examination on-line. An off-line examination system cannot ever be a substitute for an on-

Patna High Court CWJC No.1436 of 2022(3) dt.16-02-2022 3/3 line examination.

There is no merits in the petition.

The petition stands dismissed but without costs. (Ashutosh Kumar, J) skm/- U