Naresh Kumar, v. The Bhupendra Narayan Mandal University,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14746 of 2021 ====================================================== Naresh Kumar, Son of Mishrilal Yadav, R/o Mohalla Batraha, Ward No. 25, P.O., P.S. and District - Saharsa. ... ... Petitioner.

Versus

1.

The Bhupendra Narayan Mandal University, Laloo Nagar Madhepura through its Vice- Chancellor Bhupendra Narayan Mandal University, Madhepura.

2.

The Examination Controller, Bhupendra Narayan Mandal University Laloo Nagar, Madhepura.

3.

Principal, MLT College Saharsa PS and District - Saharsa. 4.

Coordinator, BCA Department MLT College Saharsa. ... ... Respondents.

====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate Mr. Vaibhav Vishal, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 29-07-2024 Heard Mr. Diwakar Prasad Singh, learned counsel for the petitioner and Mr. Ritesh Kumar, learned counsel for the respondent University.

2.

The present writ application has been filed for a direction to the respondents to publish the result of BCA Examination of Session 2013-2016 of the petitioner, which is kept pending for want of Marks of Semester-II.

3. Admittedly, the petitioner did not appeared in II Semester examination held onwards 7th August 2015 due to some personal unavoidable reasons. However, the petitioner was allowed by the College and University to appear in the

Patna High Court CWJC No.14746 of 2021 dt.29-07-2024 2/3 Examination of Semester II Examination held onwards 12th August 2017 in which the petitioner was declared passed. Besides the Semester I & II, the petitioner appeared in all other examinations of other semesters in regular basis and the University declared him pass in all examination of Semester I to VI. But finally when it came to publication of final result, the University chooses to keep the result pending, although the University had permitted to appear in Semester-II examination held onwards 12th August 2017 undertaken by the University and, ultimately, hanged the career of the petitioner.

4. There is consensus at the Bar that the matter in issue is squarely covered by the judgment dated 28.05.2024 passed in C.W.J.C. No.8271 of 2021 and other analogous cases by the Full Bench of this Court.

4.

In such view of the matter, petitioner is directed to file a detailed representation along with a copy of the order passed in C.W.J.C. No.8271 of 2021, before the respondent no.2 within a period of two weeks and the respondent no.2 is well advised to consider the case of the petitioner and dispose of the representation of the petitioner after affording an opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law

Patna High Court CWJC No.14746 of 2021 dt.29-07-2024 3/3 and in light of the order passed in C.W.J.C. No.8271 of 2021 within four weeks from the date of filing of such representation by the petitioner.

5.

With the aforesaid direction, this writ application stands disposed of.

(Anjani Kumar Sharan, J) shikha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2024 Transmission Date NA