Ritesh Kumar Dubey And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1928 of 2016 In Civil Writ Jurisdiction Case No. 11787 of 2016 ======================================================

1. Ritesh Kumar Dubey Son of Ashnarayan Dubey resident of village + Post Nechua Jalalpur, District Gopalganj

2. Prince Kumar Pathak Son of Jai Pathak resident of village + Post Balathari, District Gopalganj

3. Sudhanshu Kumar Son of Hariom Shahi

4. Avinash Kumar Shahi Son of Pramod Shahi Both resident of village + Post Kuchaikot, District Gopalganj

5. Sandeep Kumar Singh Son of Bed Prakash Singh resident of village + Post Nechua Jalalpur, District - Gopalganj

6. Suman Kumari Daughter of Harendra Ram resident of village - Mathiya Daya Ram, Post Nechua Jalalpur, District - Gopalganj .... .... Appellants

Versus

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

2. Secretary, Education Department, Govt. of Bihar, Patna

3. The Special Secretary, Education Department, Govt. of Bihar, Patna

4. The Vice - Chancellor, Jai Prakash University, Chapra

5. The Registrar, Jai Prakash University, Chapra

6. The Examination Controller, Jai Prakash University, Chapra

7. The Secretary, Governing Body, Shree Mahendraa Das Degree College, Mathia, Nechua Jalalpur, Gopalganj

8. The Principal, Shree Mahendra Das Degree College, Mathia, Nechua Jalalpur, Gopalganj .... .... Respondents ====================================================== with Letters Patent Appeal No.2043 of 2016 IN Civil Writ Jurisdiction Case No. 11787 of 2016 ======================================================

1. Shree Mahendra Das Degree College through its Principal Ram Dular Prasad, son of Deo Sharan Prasad Yadav, Mathia, Nechua Jalalpur, District- Gopalganj.

2. The Secretary, Lal Bahadur Prasad, son of Shiv Tahal Bhagat, Governing Body, Shree Mahendra Das Degree College, Mathia, Nechua Jalalpur, District- Gopalganj.

.... .... Appellants

Versus

1. Ritesh Kumar Dubey, son of Ashnarayan Dubey, resident of Village+Post- Nechua Jalalpur, District-Gopalganj.

2. Prince Kumar Pathak, son of Jai Pathak, resident of Village+ Post - Balathari, District- Gopalganj.

3. Sudhanshu Kumar, son of Hariom Shahi.

4. Avinash Kumar Shahi, son of Pramod Shahi. Both resident of Village+ Post- Kuchaikot, District- Gopalganj.

5. Sandeep Kumar Singh, son of Bed Prakash Singh, resident of Village+ Post-Nechua Jalalpur, District-Gopalganj.

6. Suman Kumari, daughter of Harendra Ram, resident of VillageMathiya Daya Ram, Post- Nechua Jalalpur, District- Gopalganj.

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

8. The Special Secretary, Education Department, Govt. of Bihar, Patna.

9. The Jai Prakash University, through its Registrar, Chapra.

10. The Vice Chancellor, Jai Prakash University, Chapra.

11. The Registrar, Jai Prakash University, Chapra.

12. The Examination Controller, Jai Prakash University, Chapra. .... .... Respondents ====================================================== Appearance :

(In LPA No.1928 of 2016) For the Appellant/s : Mr. Rajeev Roy, Adv. For the Respondent/s : Mr. Ashutosh Ranjan Pandey- AAG-15 For the J.P. University : Mr. Mrigendra Kumar, Adv. (In LPA No.2043 of 2016) For the Appellant/s : Mr. Sanjay Kumar Ghosarvey, Adv. Mr. Sharwan Kumar, Adv.

For the Respondent/s : Mr. Ashutosh Ranjan Pandey-Aag15 For the J.P. University : Mr. Mrigendra Kumar, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-04-2017 Learned counsel for the appellants sought permission to withdraw the appeal with liberty to take up the issue with regard to the appellants/students with the Chancellor of the university or the Vice Chancellor of the University for a sympathetic consideration. The appeal is permitted to be withdrawn with the aforesaid liberty and while considering the representation of the appellants, the Chancellor and the Vice Chancellor would be at liberty to take such a decision as permissible under law and as per

their discretion without being influenced by the order passed by the writ court.

(Rajendra Menon, CJ) (Sudhir Singh, J) Amit/- U