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Patna High CourtMJC/2512/2017allowed

The Magadh University, Bodhgaya Through Its Registrar And ORS v. Anuj Kumar Singh And ORS

2019-08-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2512 of 2017 In Civil Writ Jurisdiction Case No.16166 of 2016 ====================================================== 1.

The Magadh University, Bodhgaya through its Registrar 2.

The Vice-Chancellor, Magadh University, Bodh Gaya. 3.

The Registrar, Magadh University, Bodh Gaya.

... ... Petitioner/s

Versus

1.

Anuj Kumar Singh S/o Shri Ganesh Prasad Singh Resident of Ashok Nagar, P.S. - Rampur, District - Gaya, presently the Secretary, Kumar Education B. Ed College, Dubhal, Gaya.

2.

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

3.

The Bihar School Examination Board, Patna through its Secretary. 4.

The National Council for Teachers Education, Eastern Regional Committee, Bhubaneshwar through its Regional Director ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr.GP - 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-08-2019 This application has been filed seeking modification of part of the order dated 28.07.2017 whereby a cost of Rs. 50,000=00 was imposed on the University to be paid to opposite party no. 1.

Learned counsel for the petitioners has submitted that in terms of order of this Court dated 28.07.2017, the desired inspection has already been carried out on 28.08.2017. It has also been submitted that it was because of bonafide reasons that

Patna High Court MJC No.2512 of 2017(4) dt.28-08-2019 2/2 there was delay in holding inspection.

Learned counsel appearing on behalf of opposite parties has opposed the prayer and has submitted that cost was rightly imposed in the facts and circumstances of the case. Considering the matter in its entirety and subsequent conduct of the petitioner, this application is allowed. Order dated 28.07.2017 is recalled to the extent the University was directed to pay cost of Rs. 50,000=00.

(Chakradhari Sharan Singh, J) Rajesh/- U