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Patna High CourtCWJC/7884/2025disposed

Kumar Harsh v. The Patliputra University

2025-05-16Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7884 of 2025 ====================================================== Kumar Harsh S/o Arun Kumar Mishra, R/o-Harsh Medical Hall, Shop 17 Market No.-2, Rajbanshi Nagar, Lbs Nagar, Patna, Bihar-800023. ... ... Petitioner/s

Versus

1.

The Patliputra University Satsang Bhawan Marg, Munna Chak, Kankarbagh, Bankman Colony, Patna, Bihar 800020 through its Registrar. 2.

The Vice Chancelor, Patliputra University, Patliputra University, Satsang Bhawan Marg, Munna Chak, Kankarbagh, Bankman Colony, Patna, Bihar 800020.

3.

The Registrar, Patliputra University, Patliputra University, Satsang Bhawan Marg, Munna Chak, Kankarbagh, Bankman Colony, Patna, Bihar 800020. 4.

The Controller of Examination, Patliputra University, Patliputra University, Satsang Bhawan Marg, Munna Chak, Kankarbagh, Bankman Colony, Patna, Bihar 800020.

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

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Sr. Adv.

Ms. Manini Jaiswal, Advocate Mr. Ashwini Kumar, Advocate Mr. Shubham Kumar Upadhyay, Advocate Mr.Manas Rajdeep For the Respondent/PPU:

Mr. Rana Vikram Singh, Advocate Mrs. Rasika, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2025

1. The present application has been filed for a direction to the respondent / Patliputra University to permit the petitioner to appear in the 1st year Hons. paper examination of Bachelor of Business Management (in short "B.B.M.") in which the petitioner had appeared earlier and was declared 'promoted'. The examination of first year Hons. Paper is schedule to be held on 24.05.2025. The petitioner has further prayed for a direction to the respondent authority to publish the final result of the petitioner of the B.B.M. course for the academic session 2021-

2/4 2024.

2. The brief fact of the case is that the petitioner is a student of A.N. College, Patna affiliated with Patliputra University, Patna and was admitted B.B.M. course for the academic session 2021 to 2024. The petitioner appeared in the 1st year examination conducted by University and result was declared on 15.09.2022 wherein the petitioner was shown as 'promoted in Honours'. Thereafter, the petitioner appeared and successfully passed both 2nd and 3rd year examination of the B.B.M. Course. Despite successful completion of 3rd year examination the petitioner's final marks statement displays the remark 'Part - I P.M.W. (Previous Marks Wanting)' due to which final result of Graduation Degree of the petitioner has been withheld by the respondent- University. The petitioner has filed representation before the Hon'ble Vice Chancellor of the Patliputra University on 24.04.2025 seeking permission to reappear in the 1st year Examination of Honours paper but no response has been taken by the University till date.

3. Mr. Sanjeev Kumar Mishra, learned senior counsel for the petitioner submits that University is going to conduct 1st year B.B.M. examination for next session on 24.05.2025. If the petitioner is allowed to appear in honours paper, the backlog and

3/4 alleged deficiency in the Honours Paper of the petitioner for the 1st year can be rectified.

4. Mr. Rana Vikram Singh, learned counsel appearing for the Patliputra University submits that petitioner was to obtain at least 40 % marks in each paper in the Hons. Subject but in 1st year examination the petitioner failed to obtain the required 40% marks in each paper in the Hons. Subject which comes to total 80 marks and the petitioner has only obtained 67 marks. The University promoted the petitioner in Hons. Course in 2nd year and 3rd year which the petitioner has passed. As per the regulation the petitioner was required to clear the backlog papers within a period of three years but the petitioner did not take any step and make any effort to appear in the backlog paper in the last three years along with the candidates of subsequent session.

5. I have heard learned counsel for the parties and have gone through material on record including the result of Part-I of the petitioner. From perusal of the result it appears that the petitioner has not achieved / secured 40% marks in each paper in the Hons. subject accordingly he was required to clear the Hons. Paper as per regulation within three years. The result of the petitioner was published on 15th September

4/4 2022 and the petitioner was promoted in Part - II which he has cleared and he has also cleared Part-III examination. Now, the examination of the subsequent batch is going to be held on 24.05.2025 . The result of the Part-I examination in which the petitioner did not obtain the required percentage was declared on 15.09.2022 as such three years period will expire on 15.09.2025. Accordingly even if the regulation of the University is taken into account the petitioner is entitled to appear in the examination of the backlog Hons. Paper along with candidates of subsequent session.

6. Considering the aforesaid and the career of the student and the fact that petitioner has passed Part-II & Part-III examination, I direct the Patliputra University, Patna to allow the petitioner to appear in the backlog Hons. Paper examination schedule to be held on 24.05.2025 for the candidates of subsequent batch of 2024-2027.

7. With the aforesaid observation and direction, this application is disposed of.

(Anil Kumar Sinha, J) praful/- U