Ashutosh Kumar And ORS v. Secretary, Prakash B. Ed. Teachers Training College And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.352 of 2018 In Civil Writ Jurisdiction Case No.10534 of 2017 ====================================================== 1.

Ashutosh Kumar and Ors son of Daya Shankar Thakur, resident of villageBalha Manorath, P.O.- Rasalpur, P.S.- Bajpati, District- Sitamarhi studying at Bharti Shikshak Prashikshan Mahavidyalay, Sadatpur, Kanti, DistrictMuzaffarpur. 2.

Manjeet Manjhi, son of Bhikhari Manjhi, resident of village P.O.- Padraun, P.S.- Sahodara, District- West Champaran studying at Vedant Institute of Education of Technology, Lalganj, District- Vaishali. 3.

Himanshu Kumar, son of Jitendra Kumar, resident of village- Aganagar, P.O.- Purushotampur, P.S.- Maniyari, District- Muzaffarpur studying at Bashundhra Teacher Training College, District- Muzaffarpur. 4.

Madhujeet Kumar, son of Mithleshwar Prasad Yadav, resident of village P.O.- Sustatok, P.S.- Gai-Ghat, District- Muzaffarpur studying at National College of Education, Pokhraira, District-Muzaffarpur. 5.

Nogeshwar Kumar, son of Kodai Sah, resident of village- Shekhpur Dhab, P.O.- Head Post Office, Muzaffarpur, P.S.- Ahiyapur, District- Muzaffarpur studying at L.P. Shahi Institute of Teacher Education, Dighara, DistrictMuzaffarpur. 6.

Pankaj Kumar, son of Anil Kumar Bhagat, resident of village P.O.- Mahanth Maniyari, P.S.- Maniyari, District- Muzaffarpur studying at Bashundhara Teacher Training College, District- Muzaffarpur.. 7.

Md. Sadar-E Alam, son of Mohammad Sharif, resident of village- Bangora Banshidhar, P.S.- Kudhani, District-Muzaffarpur studying at L.P. Shahi Institute of Teachers Education, Dighara, District- Muzaffarpur. 8.

Alok Kumar, son of Prabhu Sah, resident of village P.O.- Karja, P.S.- Karja, District- Muzaffarpur studying at National College of Education, DistrictMuzaffarpur. 9.

Krishnandan Kumar, son of Nathuni Mahato, resident of villageMakdumpur Kodariya, P.O.- Mansoorpur Chamarua, P.S.- Karja, DistrictMuzaffarpur studying at National College of Education, DistrictMuzaffarpur. 10.

Vinod Kumar, son of Ramchandra Sahi, resident of village P.O.- Bhatauna, P.S.- Karja, District- Muzaffarpur studying at National College of Education, District- Muzaffarpur.

11.

Niraj Kumar Singh, son of Subodh Kumar Singh, resident of village P.O.- Paur Maishah Mohhamadpur, P.S.- Tisiauta, District- Vaishali studying at Vaishali Institute of Education and Technology, Lalganj, District- Vaishali. 12.

Poonam Kumari Singh, D/o Dineshwar Pratap Singh, resident of village P.O.- Bithauli, P.S.- Bhagwanpur, District- Vaishali studying at Vaishali Institute of Education and Technology, Lalganj, District- Vaishali. 13.

Avakash Kumar Vicky, son of Binod Chaudhary, resident of village- Khas Patedha, P.O. P.S.- Sarai, District- Vaishali studying at Licchavi College of Teachers Training, Hajipur, District- Vaishali.

2/5 14.

Ranjan Kumar, son of Anil Kumar Singh, resident of Minapur Madhuwan, P.O.- hajipur, P.S.- Hajipur Town, District- Vaishali studying at Licchavi College of Teachers Training, Hajipur, District- Vaishali. 15.

Ashish Bhardwaj, son of Ram Vinod Jha, resident of villageMohammadpur, P.O.- Siho, P.S.- Sakra, District- Muzaffarpur studying at Paramount Teachers Training College, District- Muzaffarpur. 16.

Guriya Kumari, D/o Faguni Rajak, resident of village- Sherpur, P.O.- M.I.C. Bela, P.S.- Sadar, District- Muzaffarpur studying at Shaheed Pramod B.Ed. College, District- Muzaffarpur.

17.

Megha Rani, D/o Faguni Rajak, resident of village- Sherpur, P.O.- M.I.C. Bela, P.S.- Sadar, District- Muzaffarpur studying at Shaheed Pramod B.Ed. College, District- Muzaffarpur.

18.

Pooja Kumari, D/o Faguni Rajak, resident of village- Sherpur, P.O.- M.I.C. Bela, P.S.- Sadar, District- Muzaffarpur studying at Shaheed Pramod B.Ed. College, District- Muzaffarpur.

19.

Rohit, son of Shiv Shankar Prasad, resident of village P.O.- Kolhua Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur studying at Shaheed Pramod B.Ed. College, District- Muzaffarpur.

20.

Mukesh Kumar, son of Kapil Dev Singh, resident of village P.O.- Bhimpur, P.S.- Barharia, District- Siwan studying at Shaheed Pramod B.Ed. College, District- Muzaffarpur.

21.

Kamlesh Kumar, son of Ram Binod Ray, resident of village- Keshopur, Near Kali Mandir, Ward No. 06, P.O.- Keshopur, P.S.- Sakara, DistrictMuzaffarpur studying at Shaheed Pramod B.Ed. College, DistrictMuzaffarpur. 22.

Kiran Kumari, D/o Shree Shyam Lal Vishwakarma, wife of Rajesh Kumar, resident of village- Jagdish Kamtaul, P.O.- Anant Kamtaul, P.S.- Kudhani, District- Muzaffarpur studying at Shaheed Pramod B.Ed. College, DistrictMuzaffarpur. 23.

Raj Kumar, son of Vishnudeo Singh, resident of village- Rampur Jaipal, P.O.- Sanathi, P.S.- Bochaha, District- Muzaffarpur studying at Shaheed Pramod B.Ed. College, District- Muzaffarpur.

24.

Aditya Kumar, son of Jitendra Narayan Ojha, resident of village P.O.- Khabra, P.S.- Sadar Muzaffarpur, District- Muzaffarpur studying at Shaheed Pramod B.Ed. College, District- Muzaffarpur.

25.

Sushmit Kumar, son of Mukesh Kumar, resident of C/o Adarsh Homeo Sewa Sadan, Bhama Sah Dwar, Fardogola, Rewa Road, Bhagwanpur, P.S.- Sadar, District- Muzaffarpur studying at Bharti Shikshak Prashikshan Mahavidyalaya, District- Muzaffarpur.

26.

Arti Singh, D/o Rakesh Prasad Singh, resident of Yadav Nagar, Rewa Road, Bhagwanpur, P.S.- Sadar, District- Muzaffarpur studying at Bharti Shikshak Prashikshan Mahavidyalaya, District- Muzaffarpur. 27.

Umesh Kumar, son of Ramanandan Thakur, resident of village P.O.- Fatehan, P.S.- Kathaiyan, District- Muzaffarpur studying at Bharti Shikshak Prashikshan Mahavidyalaya, District- Muzaffarpur. 28.

Sudhir Kumar, son of Yogendra Sah, resident of village P.O.- Fenhara, P.S.-

3/5 Fenhara, District- East Champaran studying at Bharti Shikshak Prashikshan Mahavidyalaya, District- Muzaffarpur.

29.

Vinay Kumar, son of Rajdev Ram, resident of village P.O.- Kolhua Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur at present Basant Vihar, Road No. 3, P.S.- Ahiyapur, District- Muzaffarpur studying at Bharti Shikshak Prashikshan Mahavidyalaya, District- Muzaffarpur. 30.

Sanjeev Saxena, son of Shankar Prasad Rai, resident of village P.O.- Dorpur, P.O. P.S.- Nanpur, District- Sitamarhi studying at Bharti Shikshak Prashikshan Mahavidyalaya, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

Secretary, Prakash B. Ed. Teachers Training College and Ors 2.

Ramnath Singh, aged about 58 years, S/o Late Rameshwar Singh, Secretary, Prakash B. Ed. Teachers Training College, Chetan, Chhapra Baniyapur, P.S.- Baniyapur, District- Saran at Chhapra.

3.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patn 4.

J.P. University, Chhapra, through its Registrar, J.P. University, At P.S. and District- Chhapra.

5.

The Vice- Chancellor, J.P. University, Chhapra. 6.

Finance Officer, J.P. University, At P.S. and District- Chhapra. 7.

The Chairman, University Grant Commission, Bahadur Sah Zafar Marg,New Delhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Ashutosh Ranjan Pandey AAG- 15 Mr. Vinay Kumar Mishra, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the parties.

2. The petitioners are students of B.Ed. Course in different B.Ed. Colleges under B.R.A. Bihar University, Muzaffarpur. They are seeking review of the order dated 20.06.2018, passed in CWJC No. 10534 of 2017, which relates

4/5 to fixation of course fee for B.Ed. Course.

3. Mr. Vijay Kumar, learned counsel appearing on behalf of the petitioners has submitted that fixation of fee, which has been allowed by this Court to be charged by the privately managed B.Ed. Colleges is the maximum which they can charge and all the Colleges are charging maximum which the Court has allowed them to charge, despite the fact that some of the Colleges are not providing adequate facilities, in terims of teaching, infrastructure and other related matter.

4. The grounds taken in the review application, in my view, are not acceptable grounds for review of the judgment and order. The plea which the petitioners are taking can be subject matter of separate cause of action altogether.

5. This application is, thus, disposed of with the observation that the petitioners shall be at liberty to question the correctness of the fee which the Colleges are charging, if according to the petitioners, the facilities in terms of faculty infrastructure etc, are not adequate, justifying charging of the maximum fee.

6. This application stands disposed of.

(Chakradhari Sharan Singh, J) arun/- U

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