Shashi Bhushan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4808 of 2019 ====================================================== Shashi Bhushan son of Late Satya Narayan Gupta, Resident of VillageRatanpura, P.S.-Sakara, District-Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, education Department, Government of Bihar, Patna 3.

The Director (Research and Training) Education Department, Government of Bihar, Patna 4.

The Director, Primary Education, Bihar, Patna 5.

The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 6.

The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 7.

The Examination Controller, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga 8.

The Principal (Government Training College) C.T.E., Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Respondent/s :

Mr.Subash Chandra Mishra ( SC-16 ) Mr. Samir Kumar, SC to SC-16 For the University : Mr. Nadim Seraj ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-04-2019 The grievance of the petitioner in the present case is that the petitioner is not being permitted to sit for the special/compartmental examination inasmuch as the University is nor proposing to hold such type of examination for the Session 2017-19.

It is the case of the petitioner that the petitioner has failed in two subjects in the first year B.Ed. Course, 2018, hence he should be permitted to appear in the compartmental

Patna High Court CWJC No.4808 of 2019(4) dt.08-04-2019 2/3 examination so that there is no impediment for him to appear in the final examination of the 2017-19 B.Ed. Course. Per contra, the learned counsel for the University submits that the Ordinance/Regulation of the University, particularly clause 5.4 thereof, clearly stipulates that in case a candidate fails in not more than two subjects in the first year B.Ed. Examination, he would be permitted to appear in the said papers in which he has failed along with the final examination for that particular session.

At this juncture, the learned counsel for the petitioner says that the petitioner would not be having any grievance if the University is directed to permit the petitioner to appear in the two papers in which he has failed pertaining to the first year B.Ed. Examination along with the B.Ed. final examination for the Session 2017-19.

The learned counsel for the parties including the learned counsel for the University are in agreement that the present case can be disposed off with a direction to the ViceChancellor to hold examination for the two papers in which the petitioner has failed along with the B.Ed. examination commencing in the month of May, 2019 and publish the result expeditiously so that the final result of the B.Ed. Course for the

Patna High Court CWJC No.4808 of 2019(4) dt.08-04-2019 3/3 Session 2017-19, which has been withheld because of backlog of two papers, though the petitioner has appeared in the final examination, is published and ultimately the result of the B.Ed. Course of the petitioner is made available to the petitioner. It is directed accordingly.

The writ petition stands disposed off on the aforesaid terms, in view of consensus reached at amongst the parties. (Mohit Kumar Shah, J) S.Sb/- U