Dr. Vineeta Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9571 of 2013 With Interlocutory Application No. 4641 of 2013 =========================================================== Dr. Vineeta Singh D/O Ram Gopal Singh C/O Dr. Shailendra Mishra, Sector-C, Housing No. C/C 60, Peoples Co-Operative Colony, Kankarbagh, P.S.- Kankarbagh, Distt.- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Health Secretary Govt. of Bihar, Patna

2. The B.N. Mandal University, Madhepura through its Registrar At, P.S. and District- Madhepura

3. The Vice-Chancellor, B.N. Mandal University, Madhepura

4. Bihar Combined Entrance Competitive Examination Board, IAS Association Building, Near Patna Airport, Patna through Controller of Examination

5. The Principal, Katihar Medical College, Katihar At + P.O. + Distt.- Katihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Mukesh Kumar Singh, Advocate For the Respondent No.1 : Mr. Ravi Verma, AC to GP 12 For the Respondent Nos. 2 & 3 : Mr. Shashi Bhushan Singh, Advocate For the Respondent No.4 : Mr.Vikas Kumar, Advocate For the Respondent No. 5 & 6 : Mr.Dharmeshwar Mishra, Advocate Mr.S.K.Srivastava, Advocate For the MCI : Mr.Kumar Brijnandan, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT Date: 30-01-2015 ------------- Heard the parties.

2. Learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents are unanimous in their submissions that the issues raised in the present writ petition and issues involved in LPA No. 1032 of 2012 and other analogous appeals and CWJC No. 9277 of 2012 and other connected writ petitions were/are identical and common. It is not in dispute that the aforesaid LPA 1032 of 2012 and its analogous matters have finally been dismissed by a Division Bench of this Court [Coram:

Patna High Court CWJC No.9571 of 2013 dt.30-01-2015 2/3 R.M.Doshit, Hon'ble the Chief Justice as she then was and Ahsanuddin Amanullah,J.) by order/judgment dated 11th December, 2014. However, while dismissing the aforesaid LPA and the writ petitions, the Division Bench has protected the interest of the writ petitioners of those cases by making an observation in the last paragraph of the judgment and order dated 11.12.2014, which reads as follows:

"We are informed at the bar that pursuant to the ad-interim relief granted by this Court, the writ petitioners have been allowed to join the course to which they were admitted by the State Government. If that be so, the writ petitioners will be permitted to complete the course and to take the examination. If the writ petitioners appear at the final examination, their results will be duly declared."

3. In view of the fact that the issues raised in this writ petition stand fully covered by the aforesaid judgment and order dated 11th December, 2014 passed in LPA No. 1032 of 2012 and its analogous matters, the present writ petition is disposed of in the same terms, but with a liberty to the petitioner to file a representation before the respondent Registrar of Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, District Madhepura, for granting the benefits of the observations of the last paragraph of the aforesaid judgment and order dated 11.12.2014, which has been reproduced above.

4. If such a representation is filed on behalf of the petitioner of the present writ petition with a certified copy of the present order by Monday (02.02.2015), then the respondent Registrar of the University shall be obliged to consider her case and pass appropriate order, particularly in the light of the observation given in the last paragraph of the judgment and order dated 11th December,

Patna High Court CWJC No.9571 of 2013 dt.30-01-2015 3/3 2014 passed by a Division Bench of this Court in LPA No. 1032 of 2012 and its analogous matters, on or before 5th February, 2015.

5. The writ petition stands finally disposed of with the observations and directions made above. I.A. No. 4641 of 2013 also stands, accordingly, disposed of.

(Birendra Prasad Verma, J) Tahir/- U