Shweta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7185 of 2025 ====================================================== 1.
Shweta D/O- Ajay Kumar Singh, R/O Village/Muhalla- Patel Nagar, Ward no. 11, Kochas- Dinara Road, P.S.- Kochas- District- Rohtas, State- Bihar. 2.
Sneha Kumari D/O- Kanchan Kumar R/O Village/Muhalla- Latara, P.OMaudihara, P.S.- Barahari, District- Rohtas, State- Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar Through The Principal Secretary Department of Education, Government of Bihar, 2.
The Principal Secretary, Department of Education, Government of Bihar, Patna 3.
Lalit Narayan Mithila University, Darbhanga, Through its Registrar. 4.
The Voice Chancellor, Lalit Narayan, Mithila University, Darbhanga. 5.
The Registrar, Lalit Narayan Mithila University, Darbhanga 6.
The State Nodal Officer CET, B.Ed. 2025, L.N.M.U Darbhanga Bihar, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar For the Respondent/s :
Mr. Sita Ram Yadav, GP-16 Mr. Jitendra Kumar, AC to GP-16 For the University :
Mr. Bindhyachal Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-05-2025
1. The petitioners have approached this Court seeking a writ of mandamus directing the respondent concerned to permit them to apply for and appear in the Bihar B. Ed. Combined Entrance Test (CET/B.Ed.) 2025 Entrance Examination.
2. The petitioners nos. 1 and 2, both of whom have appeared in Part III (final) exam of B.A. (English Hons.) held in April 2025, are presently awaiting the result of said
Patna High Court CWJC No.7185 of 2025(2) dt.01-05-2025 2/3 examination and are desirous of seeking admission in the B.Ed. Course for the academic session 2025-27. Learned counsel submits that the petitioners fulfill all other eligibility criteria and are likely to meet the required academic qualifications upon declaration of their final year results in as much as that in Part I and Part II exam, both the petitioners have secured more than 60% marks and therefore, they seek provisional permission to appear in the entrance examination as appearing candidate.
3. He next submits that examining bodies like Union Public Service Commission, State Public Service Commissions, National Testing agency and Staff Selection Commission conduct various competitive exams every year wherein they permit appearing candidates to participate in the examination, subject to the condition that such appearing candidate would clear the examination at the time of admission.
4. I have heard learned counsel for the parties concerned and have gone through the materials available on record.
5. As per the advertisement annexed at Annex-P/1 series issued by Lalit Narayan Mithila University, Darbhanga, only candidates with a Bachelor degree having a minimum of 50% marks from any recognized university in India are eligible
Patna High Court CWJC No.7185 of 2025(2) dt.01-05-2025 3/3 to apply for the said entrance test.
6. The law is well settled that when the language of the advertisement and the eligibility conditions prescribed therein are clear and unambiguous, the Court cannot sit in judgment over the same or issue directions contrary to the terms of the advertisement. The eligibility criteria being a matter of policy, it is not within the domain of this Court to alter or dilute the same, particularly in the absence of arbitrariness or violation of constitutional rights.
7. In the present case, since the petitioners have not passed their qualifying examination as required under the clear terms of the advertisement, no mandamus can be issued to compel the Respondent to accept their applications or allow them to appear in the entrance examination.
8. Accordingly, the writ petition is dismissed with no costs.
(Anil Kumar Sinha, J) ashwani/- U