Mirza Ghalib Teacher Training College, Patna, v. The Patliputra University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13562 of 2023 ====================================================== Mirza Ghalib Teacher Training College, Patna, Plot NO. 933 and 395, Village-Gazachak Mohammadpur, Post-Office-Sorampur, Police StationJanipur, Tehsil/Taluka-Phulwarisarif, District-Patna through its Honorary Secretary Md. Dr. Aquil Haider, (Male) aged about 58 Years, Son of Late Md. Ismail Ahmad, Resident at Fida Hussain Road, Maqdumabad, Jehanabad, Police Station-Jehanabad (Town), District-Jehanabad. At Present residing at Flat No. 403, Block-C, Akash Ganga Apartment, Ashiyana Road, Raja Bazar, B.V. College, Patna 800014.

... ... Petitioner

Versus

1.

The Patliputra University through its Registrar, Patna. 2.

That Vice-Chancellor, Patna University, Patna. 3.

The Registrar, Patliputra University, Patna.

4.

The Examination Controller, Patliputra University, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Niranjan Kumar, Advocate For the University :

Mr. Dhananjay Kadhyap, AC to Mr. Rana Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned counsel for the Patliputra University (in short 'University').

2. Since the examination has already begun and from the statements made in paragraphs '30' and '31' of the writ application, it appears that 14 students, who are seeking to get indulgence of this Court to direct the University to allow them to participate in the ongoing examination, have taken their admission in the spot round but their names were not uploaded on the admission portal of the respondent University.

3. This Court finds that the petitioner College was

Patna High Court CWJC No.13562 of 2023(3) dt.20-09-2023 2/3 well aware that the names of the 14 students have not been uploaded and despite request of Principal of the College, the University was not opening the portal of the University to upload the names of the left over students, still the petitioner moved this Court only one day prior to the date on which the examination was to begin.

4. In the circumstances, this Court is of the opinion that the request of the petitioner to allow those 14 students who appear in the ongoing examination in which two papers have already gone, cannot be allowed.

5. Having regard to the statements made in paragraphs '31', '32' and '33' of the writ application saying that Principal of the College has made applications to Respondent no. 2 vide Annexures 'P/8', 'P/9' and 'P/10' but the Respondent no. 2 has not considered the same and no decision has been taken thereon, this Court directs Respondent No. 2 to consider the request of the petitioner keeping in view the norms and guidelines of the University in this regard and take an appropriate decision within a period of four weeks from today so that the fate of those students who are said to have been admitted by the petitioner in the Academic Session 2022-24 may be clear.

6. This Court would observe at this stage that while

Patna High Court CWJC No.13562 of 2023(3) dt.20-09-2023 3/3 considering the request of the petitioner in this regard, the University while examining the propriety and legality of such admissions will also keep in view the career of the students and all endeavours shall be made to take such decision which may save careers of the students of the petitioner College.

7. If the request of the petitioner is allowed by Respondent No. 2, the consequences shall follow. 8.

This writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U