Abinash Kumar Singh v. The Aryabhatta Knowledge University And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 6753 of 2016 =========================================================== Avinash Kumar Singh, Son of Prof. Indra Kumar Sinha, resident of A/10, Anand Vihar, Road No.3, Ambedkar Path, Bailey Road, Police Station- Rupaspur, in the town and District of Patna.
.... .... Petitioner/s
Versus
1. The Aryabhatta Knowledge University, A.N. Sinha Institute of Social Studies Campus (West), North Gandhi Maidan, Patna- 800001, through its Registrar.
2. The Chancellor, Aryabhatta Knowledge University, A.N. Sinha Institute of Social Studies Campus (West), North Gandhi Maidan, Patna- 800001.
3. The Vice Chancellor, Aryabhatta Knowledge University, A.N. Sinha Institute of Social Studies Campus (West), North Gandhi Maidan, Patna- 800001.
4. The Registrar, Aryabhatta Knowledge University, A.N. Sinha Institute of Social Studies Campus (West), North Gandhi Maidan, Patna- 800001.
5. The Controller of Examinations, Aryabhatta Knowledge University, A.N. Sinha Institute of Social Studies Campus (West), North Gandhi Maidan, Patna- 800001.
6. St. Xavier's College of Management and Technology, Digha- Ashiana Road, XTTI Campus, Digha Ghat, Patna- 800011, through its Principal.
7. The Principal, St. Xavier's College of Management and Technology, DighaAshiana Road, XTTTI Campus, Digha Ghat, Patna- 800011. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Singh For the Respondent/s : Mr. Arif Raza =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 12-05-2016 Writ application is dismissed on the sole ground that this Court is not willing to violate the regulation relating to minimum attendance, which a candidate is supposed to achieve before being permitted to participate in any examination.
On the perusal of the material relating to medical reasons, which has been pleaded by the counsel for the petitioner, the Court opines that the medical certificates have been obtained to cover up
Patna High Court CWJC No.6753 of 2016 dt.12-05-2016 2/2 the absence by the petitioner. The medical certificates are not trustworthy. Even otherwise, the petitioner seems to be in a habit of not attending classes regularly for a long period of time even beyond and before the so called period of accident or the so called medical reason for his absence.
The Court will not exercise its discretion, if the college authorities are not satisfied with his conduct which is evident from the details annexed with the counter affidavit. Writ application is required to be dismissed, especially when the candidate or the petitioner is not a serious student and he himself is not bothered about his future and career. Writ application is dismissed.
(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.
CAV DATE Uploading Date 16.05.2016 Transmission Date