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Patna High CourtL.P.A/163/2016disposed

Baba Saheb Bhim Rao Ambedkar Bihar University And ORS v. Sachidanand Mandal

2021-01-07The Chief Justice -,Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.163 of 2016 In Civil Writ Jurisdiction Case No.20 of 2009 ====================================================== 1.

Baba Saheb Bhim Rao Ambedkar Bihar University through its Registrar, Muzaffarpur.

2.

The Vice Chancellor, B.R.A. Bihar University, Muzaffarpur. 3.

Registrar, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur. 4.

Controller of Examination, Baba Saheb Bhim Rao Ambedkar Bihar University, Muzaffarpur.

... ... Appellant/s

Versus

1.

Sachidanand Mandal, Son of Sri Arjun Mandal, Village- Tarwa, P.O. Dulduliya, Via Pirpainti, District- Bhagalpur, at present C/o- Sri Pradip Kumar Mishra, Ram Ratan Lane, Adampur, District- Bhagalpur. 2.

The State of Bihar through Director, Primary Education, Bihar, Patna. 3.

The Principal, Government Teachers Training College, Turki, P.S. Turki, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajesh Kumar Choudhary, Advocate For the Respondent/s :

Mr. Priyadarshi Matri Sharan (AC To AAG-15) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 07-01-2021 The present appeal has been filed against the judgment dated 22.01.2009 passed by a learned Single Judge of this Court in C.W.J.C. No. 20 of 2009 titled as Sachidanand Mandal Vs. The State of Bihar & Ors.

Learned counsel for the appellants states that writpetitioner, namely, Sachidanand Mandal, respondent herein, never appeared as a candidate in the examination. In fact, writ

Patna High Court L.P.A No.163 of 2016 dt.07-01-2021 2/2 petition was filed in the year 2009 when the writ-petitioner was aged 50 years.

In view of the same, learned counsel for the respondent/writ-petitioner states that the appeal be allowed. As such, the present appeal is allowed and judgment dated 22.01.2009 passed by a learned Single Judge of this Court in C.W.J.C. No. 20 of 2009 titled as Sachidanand Mandal Vs. The State of Bihar & Ors., in so far as it pertains to the present respondent, is quashed and set aside.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Anjani Kumar Sharan, J) Amrendra/P.K.P/ AFR/NAFR CAV DATE Uploading Date 07.01.2021 Transmission Date