← Library
Patna High CourtCWJC/8206/2025disposed

Shankar Kumar @ Shanker Kumar v. The Vice Chancellor, Bhupendra Narain Mandal University

2025-08-04Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8206 of 2025 ====================================================== Shankar Kumar @ Shanker Kumar S/o Manohar Sah, R/o- Sattar Sahu Tola, Ward No.-1, Sattar, P.S.- Saharsa, Distt.- Saharsa. ... ... Petitioner/s

Versus

1.

The Vice Chancellor, Bhupendra Narain Mandal University Lalu Nagar, Madhepura.

2.

The Registrar, Bhupendra Narain Mandal University, Lalu Nagar, Madhepura.

3.

The Controller of Examination, Bhupendra Narain Mandal University, Lalu Nagar, Madhepura.

4.

The Principal, M.T.S. College, Saharsa.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghaw Kumar For the Respondent/s :

Mr.Ritesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2025

1. The petitioner has filed the present writ application for a direction to the respondent / University to allow the petitioner to fill the examination form for B.Ed. Examination first year for the session 2022-2024 since he failed in first year annual examination which was held in May 2023.

2. The petitioner took admission in B.Ed. Course in M.T.S. College, Saharsa under B.N. Mandal University, Madhepura. He appeared in the first year B.Ed. Examination held in May 2023. In the meantime the College took second year annual fee from the petitioner on 02.09.2023 and also examination fee on 18.04.2024. Admit card was issued to the petitioner for second year annual examination and he appeared in second year annual

Patna High Court CWJC No.8206 of 2025(2) dt.04-08-2025 2/3 examination in May 2024 without having the result of first year examination. Subsequently, he came to know that he failed in first year examination. Thereafter the petitioner approached the College that if he had failed in first year examination allowing the petitioner to get admission in second year course and take annual examination for the second year in which petitioner became successful then how he can be deprived from taking examination of first year. Thereafter the petitioner approached the University and filed representation before the Controller of Examination, B.N. Mandal University for allowing him to fill up B.Ed. Examination form for the first year.

3. Mr. Ritesh Kumar, learned counsel for the University referring to Full Bench judgment passed in CWJC No. 8271 / 2021 Pushpa Kumari versus The State of Bihar & Ors. and other analogous cases, submits that Regulation 7 & 8 of the University Examination Regulations has been dealt with in the Full Bench judgment, however, the Controller of Examination, B.N. Mandal University may be directed to consider the request of the petitioner in the light of Full Bench judgment.

4. Learned counsel for the petitioner agrees that the matter may be referred to the Controller of Examination, B.N. Mandal University for consideration of petitioner's case.

Patna High Court CWJC No.8206 of 2025(2) dt.04-08-2025 3/3

5. Considering the aforesaid, the writ application is disposed with direction to the respondent no. 3 / Controller of Examination, B.N. Mandal University to consider the representation of the petitioner dated 03.04.2025 at page no. 18 within a period of four weeks from today in the light of Full Bench judgment passed in CWJC No. 8271 of 2021 and pass appropriate order upon it.

(Anil Kumar Sinha, J) praful/- U