Prem Chandra Prasad v. The Lalit Narayan Mithila University,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.362 of 2022 In Civil Writ Jurisdiction Case No.6981 of 2020 ====================================================== Prem Chandra Prasad Son of Late Diveshwar Singh Resident of Village and P.O.-Harpur Belwa, P.S.-Mahua, District-Vaishali, At Present Resident of University Quarter NO.97, Saffullaganj, Lal Bagh, C.M. Law College, Campus, Darbhagna.

... ... Petitioner/s

Versus

1.

The Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its Registrar.

2.

The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhagna.

3.

Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. 4.

State of Bihar through the Chief Secreary, Government of Bihar, Patna. 5.

Principal Secreary, Human Resources Development Department, Government of Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binodanand Mishra, Adv.

For the Opposite Party/s :

Mr.Shashi Shekhar Tiwary, AC to AAG -13 For L.N.M.U.

:

Mr. Shailesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-07-2022 Heard the learned counsel for the parties.

A petition has been filed for modification of the order dated 15.11.2021 passed by this Court in C.W.J.C. No. 6981 of 2020.

By the aforesaid order, after recording that there is no minimum pass marks prescribed for each paper and in that view of the matter, raising a threshold of passing marks to be 45 would be asking for more than what is required for a class-

Patna High Court MJC No.362 of 2022(3) dt.27-07-2022 2/2 III post, this Court directed the authorities to consider the case of the petitioner, if he satisfied other conditions. Mr. Mishra, the learned counsel for the petitioner has submitted that after the aforesaid order, when an application was made before the concerned authority, no order was passed on the lame plea of there being no mandamus for considering the case of the petitioner.

Without commenting on the aforesaid understanding of the contents of the order by the concerned authority, this Court modifies the order dated 15.11.2021 and directs that the case of the petitioner be considered and a final order be passed by the authority within a period of 60 days from the date of receipt/ production of a copy of this order before the concerned authority.

The order dated 15.11.2021 is modified to the extent indicated above.

The modification application stands allowed and disposed of.

(Ashutosh Kumar, J) sunilkumar/- U