Arti Kumari @ Arti Kumari Poddar @ Arti Gandhi v. The Bhupendra Narayan Mandal University Through Its Registrar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18839 of 2017 ====================================================== Arti Kumari @ Arti Kumari Poddar @ Arti Gandhi Wife of Sri Sarvjit Gandhi, Daughter of Nand Kishore Poddar, Permanent resident of VillP.O.- Manihari, District- Katihar, presently residing at RZF 1/9, Mahavir Enclave, Palam, New Delhi.

... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University Through Its Registrar 2.

The Vice Chancellor, Bhupendra Narayan Mandal University, Madhepura. 3.

The Pro-Vice Chancellor, Bhupendra Narayan Mandal University, Madhepura.

4.

The Controller of Examination, Bhupendra Narayan Mandal University, Madhepura.

5.

The Principal, D.S. College, P.O.Distt- Katihar, Pin Code- 854105. 6.

The Principal, Muslim Minority Ahmadia B.Ed. College, Millat Nagar, Rampara, Distt- Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Tiwary, Advocate For the Respondent/s :

Mr.Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-08-2019 The issue with regard to the validity of B.Ed. degree is no more res integra. The matter was taken upto the Supreme Court and the Apex Court has already decided the issue in SLP (C) No. 7233 of 2007 and following the judgment in the aforesaid case, this Court has decided similar writ application i.e. CWJC No. 2712 of 2009 on 13.8.2018. The relevant part of the order reads as follows:- "The issue with regard to validity of the certificate of B. Ed. degree obtained from Ahmadia B. Ed. College, Katihar, affiliated from

Patna High Court CWJC No.18839 of 2017(2) dt.16-08-2019 2/2 B.N. Mandal University, enquiry is pending before the Lokayukta, Bihar pursuant to the direction of the Apex Court in SLP (Civil) No. 7233 of 2007.

In view of the above, the writ application is disposed of with a direction to the respondents that the decision of the enquiry in relation to the training certificate of the institution in question will abide by the final outcome of the enquiry conducted by the Lokayukta, Bihar."

In view of the above, the present writ petition is disposed of in similar terms.

So far as the grievance as to consideration of the case of the petitioner for appearing in M.Sc. Examination, the petitioner is granted liberty to approach the University for appropriate relief and the University shall consider the case of the petitioner sympathetically and take appropriate decision at the earliest preferably within a period of sixty days from the date of receipt/production of a copy of this order. The petitioner shall produce all the relevant documents including previous challan submitted in connection with the examination of M.Sc. (Zoology).

With the aforesaid, the writ petition stands disposed of.

spandey/- (Anil Kumar Upadhyay, J) U