Vivek Kumar Maurya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8767 of 2019 ====================================================== Vivek Kumar Maurya, Son of Yugesh Prasad Maurya, Residence of Village and Post- Kothua Sarangpur, P.S.- Daraunda, District- Siwan. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Higher Education, Govt. of Bihar, Patna.

2.

The Jai Prakash Vishwavidyalaya (University) Chapra through its vide Chancellor.

3.

The Vice Chancellor, Jai Prakash Vishwavidyalaya ( University), Chapra. 4.

Registrar, Jai Prakash Vishwavidyalaya ( University), Chapra. 5.

The Controller of Examination, Jai Prakash Vishwavidyalaya ( University), Chapra.

6.

Ragendra Kishore B. Ed. College, Sughari Bhagwanpur, Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Aslam Ansari, Advocate For the Respondent/s :

Mr. Kameshwar Kumar, GP-17 Mr. Arbind Kumar, AC to GP-17 For the University :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned counsel for the Jai Prakash Vishwavidyalaya (hereinafter referred to as the 'University') as also learned counsel for the State.

2. This case has been listed under heading 'To Be Mentioned' at the instance of learned counsel for the petitioner on information furnished to this Court that the Part II B.Ed. Examination of the Session 2021-2023 is scheduled to be held from 14th July, 2023, therefore, the case of the petitioner requires consideration.

3. In course of hearing of the writ application, learned

Patna High Court CWJC No.8767 of 2019(4) dt.13-07-2023 2/3 counsel for the petitioner submits that this petitioner was admitted in B.Ed. course in Rajendra Kishori B.Ed. College, Sughri, Bhagwanpur, Siwan which comes under Jai Prakash Vishwavidyalaya, Chapra. It is submitted that the petitioner appeared in the Ist Part and was declared pass but when he filled up his form for IInd Part Examination, he was not allowed to participate in the examination on the ground that his registration number was forged. Petitioner has lodged a first information report in this regard. It is submitted that the petitioner has lost the registration certificate/receipt.

4. Learned counsel for the University submits that the petitioner was a student of the Session 2015-17 and as per the University regulations, he had to pass out the course by the year 2018. In this case, the petitioner was well aware of the stand of the University that his registration no. is forge and he was advised to obtain a fresh registration no. but instead of doing that, he lodged a first information report and did not take any step for fresh registration. Under these circumstances, it is submitted that the petitioner does not deserve any direction from this Court in exercise of its extraordinary writ jurisdiction.

5. Having heard learned counsel for the petitioner and the University, this Court is persuaded to agree with the

Patna High Court CWJC No.8767 of 2019(4) dt.13-07-2023 3/3 submissions advanced on behalf of the University. If the petitioner can not be allowed to participate in the examination as per the University regulation as he could not clear the course by the year 2018, this Court would not extend the period fixed by the University for clearing the course. In the nature of the dispute as regards the registration no. also, no view may be taken by this Court.

6. This Court, therefore, while refusing to grant the reliefs prayed by the petitioner, leaves it open for the petitioner to pursue his remedy available to him as regards getting fresh registration or pursue his course if it is available to him.

7. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U