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Patna High CourtCWJC/6231/2019disposed

Arvind Kumar v. The State Of Bihar

2019-07-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6231 of 2019 ====================================================== Arvind Kumar S/o Shiv Kumar Mahto R/o Railway Colony, Uttar Railway Colony, Khuskibagh, Purnia East, Purnia, Khuskibagh, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Education Department, Government of Bihar, New Secretariat, Patna.

2.

The Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, Bihar through its Vice Chancellor.

3.

The Controller of Examination Bhupendra Narayan Mandal University, Lallo Nagar, Madhepura, Bihar.

4.

The M.L. Arya College, Kasba through its Principal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishal Saurabh For the Respondent/s :

Mr.Madhaw Pd. Yadaw (Gp23) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the University. Petitioner has filed the present writ application for a direction to the respondents to publish result of the petitioner. Learned counsel appearing on behalf of the University with reference to regulation submits that regulation does not permit examination beyond three years yet petitioner was allowed to appear in the examination Since petitioner was allowed to appear by the University with open eye, the open eye theory was coined by the Apex Court in AIR reported in 1976 SC 376 which is

Patna High Court CWJC No.6231 of 2019(4) dt.05-07-2019 2/2 applicable in this case also.

The respondents are accordingly directed to publish the result and the petitioner notwithstanding the fact that contrary to their regulation with open eye they allowed the petitioner to appear in the examination.

The result of the petitioner must be published by the respondents within a period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U