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Patna High CourtCWJC/3775/2017disposed

Rajesh Kumar v. The State Of Bihar And ORS

2017-10-11The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3775 of 2017 ====================================================== Rajesh Kumar (Advocate), Son of Late Purusottam Prasad Agrawal, at present Resident of Mohalla- Chiryatar, Behind Prakash Bhawan, Near T.P.S. College, Patna- 800001.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chairman, Bihar Combined Entrance Competitive Examination Board, Patna.

3.

The Controller of Examination, Bihar Combined Entrance Competitive Examination Board, Patna.

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

For the Petitioner/s :

Mr. Anish Kumar For the Respondent/s :

Mr. SMT.SHILPA SINGH-GA12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-10-2017 Inter alia, contending that the respondents be directed to follow uniform age criteria for fixing the minimum age for admission in various faculties including Engineering, Pharmacy, Medical and Agriculture faculties while making admission, this petition has been filed in public interest.

Inter alia, contending that for admission to courses in various faculties like Engineer, Pharmacy, Medical and Agriculture different age criterion are being followed, this petition is filed in public interest.

Patna High Court CWJC No.3775 of 2017 dt.11-10-2017 2/2 The question of fixing and adopting a uniform age criteria, both maximum and minimum, for admission to various faculties in technical institutions including the institute imparting courses of Engineering, Pharmacy, Medical and Agriculture are based on expert opinions after technical evaluation and are based on the policy decision taken by the State Government and therefore, mandamus cannot be issued by this Court for the purpose in question.

The petitioner may approach the competent authority and it would be for the competent authority to deal with the grievance of the petitioner.

Finding the relief to be beyond the jurisdiction available to this Court under Article 226 of the Constitution of India, we dispose of the matter with liberty to the petitioner to take up the matter before the administrative authority.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.10.2017 Transmission Date