Ajit Kumar v. Magadh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10255 of 2016 ====================================================== Ajit Kumar S/o Late Kamal Narayan Chaudhary R/o Vidyapati Colony, behind Museum, Near Vidyapati Bhawan, Patna- 800001, Bihar. ... ... Petitioner

Versus

1. Magadh University, Bodh Gaya, Gaya, Bihar, through its Registrar, Magadh University, Bodh Gaya, Gaya, Bihar

2. The Examination Controller, Magadh University, Bodh Gaya, Gaya, Bihar

3. Principle, Bihar Institute of Law, Raja Bazar, Baliey Road, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajeet Singh For the Respondent/s :

Mr. Girijish Kumar For Magadh University :

Mr. Shivendra Kishore, Senior Advocate Mr. Arabind Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-10-2018 The petitioner is seeking direction to the respondent, Magadh University, Bodh Gaya to publish his LL.B. result. He claims to be the student of Bihar Institute of Law, which, at the relevant point of time, was affiliated to Magadh University. According to him, he had taken admission in LL.B. three years' degree course on 06.08.2008 for the Session 2006-2007, which began in 2006. He is said to have cleared all the papers in the year 2013. His result is not being published by the University on the ground that the petitioner could not clear all the papers in six academic years, which, according to the University, began in 2006.

Patna High Court CWJC No.10255 of 2016(5) dt.25-10-2018 2/3 It is the case of the petitioner, on the other hand, that he could not appear in 1st year examination of the course in 2006, which was held in February 2008, since he was admitted in the college on 06.08.2008. He contends that since the college allowed admission of the petitioner for the Session 2006-2007, on 06.08.2008, the University is obliged to publish his result, since he has cleared all the papers within six years of his admission.

It is shocking to the Court that the institution, running courses in law, has allowed admission in August 2008 for the Session 2006-2007, that too when the examination of the academic year of that session was already over. Whether such Institutions are committing fraud on the system with the tacit consent and connivance of the authorities is a question, which needs to be gone into an appropriate level. In any view of the matter, for the fraud committed by the college, the University cannot be asked to publish result by violating statutory provisions.

This application has no merit and is accordingly dismissed. Let Bar Council of India examine the bona fide of the Institution in question and find out whether the Law College is conducting it's course in accordance with the statutory

Patna High Court CWJC No.10255 of 2016(5) dt.25-10-2018 3/3 requirements.

Let a copy of the order be sent to the Secretary, Bar Council of India forthwith.

(Chakradhari Sharan Singh, J) Pawan/Ragini U