Surendra Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1691 of 2016 Arising out of Civil Writ Jurisdiction Case No. 16769 of 2015 =========================================================== Surendra Kumar Mishra, Son of late Ram Chandra Mishra, Resident of Village Simri. P.S.- Bisphi. Distt- Madhubani .... .... Appellant/s

Versus

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

2. The Principal Secretary, Department of Medical Education, New Secretariat Patna

3. The Magadh University through its vice Chancellor Bodh Gaya

4. The Vice Chancellor Magadh University, Bodh Gaya

5. The Registrar. Magadh University, Bodh Gaya

6. The Controller of Examination, Magadh University, Bodh Gaya

7. The Principal, Dr. B. R. Ambedkar Institute of Dental Science & Hospital, Bailey Road, Patna .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Shailendra Kumar Jha, Advocate For the Respondent/s : Mr. Utsav Kumar, A.C. to G.A. 4 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 08-05-2017 Seeking exception to an order dated 25.07.2016 passed by the learned Writ Court in C.W.J.C. No. 16769 of 2015 this appeal has been filed under Clause 10 of the Letters Patent.

2. Appellant appeared in the final Bachelor of Dental Surgery Examination, 2005 and completed the same in April, 2006 from Dr. B.R. Ambedkar Institute of Dental Science & Hospital at Patna. However, it was his case that he had completed the Internship

Patna High Court LPA No.1691 of 2016 dt.08-05-2017 2/2 in the year 2006 and when the Internship Certificate was not granted to him inspite of repeated representation for a period of 10 years, he had filed the writ petition after a period of 10 years. The Writ petition has been dismissed by the learned Writ Court holding that after a period of ten years, the Internship Certificate cannot be granted and the controversy as to whether the appellant had completed the Internship itself cannot be decided after a period of ten years in the absence of records.

3. The writ petition has been dismissed on such consideration and we find no error in the order passed by the learned Writ Court warranting reconsideration.

4. The Letters Patent Appeal stands dismissed. (Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 12.05.2017 Transmission Date