Rajeev Kumar v. The B. R. Ambedkar Bihar University, Muzaffarpur And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7659 of 2016 ======================================================

1. Rajeev Kumar son of Dinesh Prasad, resident of VillageJahningra, P.O. Damodarpur, Police Station- Pipra, District- East Champaran.

.... .... Petitioner/s

Versus

1. The B. R. Ambedkar Bihar University, Muzaffarpur through the Vice Chancellor of the University.

2. The Examination Controller B.R.

Ambedkar Bihar University, Muzaffarpur.

3. The Principal, S.R.K.G. College, Sitamarhi.

4. The Examination Controller, S.R.K.G. College, Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For Resp. Nos. 1 & 2 : Mr. Vikash Ratan Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-04-2017 Heard learned Counsel for the parties concerned.

The petitioner seeks a direction from this Court for publication of his result on the basis of examination of B. Sc. 3rd part (Zoology Hons.) held in the year 2013 by B. R. Ambedkar Bihar University, Muzaffarpur.

The petitioner was student of B.Sc. (Zoology Hons.) in S. R. K. G. College, Sitamarhi. He had appeared in B.Sc. 3rd Part Examination of the said course in the year 2013. His result on the basis of the 2013 Examination was

Patna High Court CWJC No.7659 of 2016 (2) dt.07-04-2017 2/3 withheld for certain reasons. The petitioner, thereafter, appeared in the B.Sc. 3rd Part Examination of Zoology Hons. in the year 2014, on the basis of which his result has been published.

It is the case of the petitioner that his result should be published on the basis of the examination held in the year 2013.

Such direction cannot be issued for the reason that the petitioner himself took the B.Sc. 3rd Part Examination held in the year 2014 on the basis of which his result has been published. He did not raise any objection before he appeared in the year 2014 in the B. Sc. 3rd Part Examination of Zoology Hons.

In such circumstance, the relief, as sought for, by the petitioner, cannot be granted.

However, if the University finds that petitioner had cleared all the papers on the basis of the examination held in the year 2013, the University may consider publication of his result accordingly if it is not otherwise impermissible under the Bihar Universities Act or Statutes or regulations framed thereunder.

Needless to say that in that situation, the petitioner's result published on the basis of 2014 Examination will have to be cancelled.

Patna High Court CWJC No.7659 of 2016 (2) dt.07-04-2017 3/3 This application is disposed of accordingly.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T X