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Patna High CourtCWJC/18777/2015dismissed

Pitambar Kumar Mishra v. Vice Chancellor, Bhupendra Narayan Mandal University And ORS

2016-03-31Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18777 of 2015 =========================================================== Pitambar Kumar Mishra, son of Janardan Mishra Resident of Village- Ratan Tola, Police Station- Amdabad, District- Katihar.

.... .... Petitioner

Versus

1. Vice Chancellor, Bhupendra Narayan Mandal University, Lalu Nagar, District Madhepura.

2. The Registrar, Bhupendra Narayan Mandal University, Lalu Nagar, District Madhepura.

3. The Examination Controller, Bhupendra Narayan Mandal University, Lalu Nagar, District Madhepura.

4. The Principal, Rameshwar Yadav Manihari College, Manihari, District Katihar. .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Bimal Kumar, Advocate For the University :

Mr. Rajesh Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 31-03-2016 Based on the previous direction issued by this Court in Annexure-4, a decision has been communicated to the petitioner in terms of Annexure-5, dated 02.08.2014. Petitioner now challenges this decision because the respondent authorities have refused to publish his result as he did not appear in the final year examination in graduation in terms of the regulation by 1998. He supposed to have sat for the examination in the year 1999 when he should have done so within three years of passing of the first year or as well as the second year of graduation, Part I or Part II.

Merely because the petitioner participated in the examination and no effective control could be exercised with regard

Patna High Court CWJC No.18777 of 2015 dt.31-03-2016 2 / 2 to entitlement of the petitioner for such participation, the Court will not interfere with Annexure-5 because the reason for such rejection is based on the statutory provision and regulation in place. Any direction in this regard would be doing violence to the provision which has been in place and which is in the interest of good academic standards which are required to be maintained.

Writ application stands dismissed. Annexure-5 does not warrant any interference.

(Ajay Kumar Tripathi, J.) Sanjay/- U