Kamleshwar Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.108 of 2018 In Civil Writ Jurisdiction Case No.17882 of 2017 ====================================================== Kamleshwar Prasad Singh S/o Ram Ishwar Singh resident of village - Amethi, P.S. Sanjhauli, District - Rohtas.

... ... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna.

2. The Vice-Chancellor, Veer Kunwar Singh University, Bhojpur at Arrah.

3. The Examination Controller, Veer Kunwar Singh University, Bhojpur at Arrah.

4. The Registrar, Veer Kunwar Singh University, Ara.

5. The Dean, Student Welfare, Veer Kunwar Singh University, Ara.

6. The Ram Narayan Sah Sarvoday College, Ganj Bharsara, Rohtas.

7. The Principal, Ram Narayan Sah Sarvoday College, Ganj Bharsara, Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Manoj Kumar Singh, Advocate For the Respondent/s :

Mr. Ashutosh Ranjan Pandey -AAG 15 For the University Mr. Kinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-06-2018 Delay of 14 days in filing of the appeal is condoned and I.A. No. 3122 of 2018 stands allowed and disposed of. Seeking exception to an order dated 5.12.2017 passed by the learned Writ Court in C.W.J.C. No. 17882 of 2017, this appeal has been filed under Clause 10 of the Letters Patent.

Patna High Court LPA No.108 of 2018 dt.18-06-2018 2/2 Petitioner, who was a lecturer in the institute in question canvassed a cause with regard to the act of the University and the institute in not permitting certain students to appear in the examination in question. Finding the petitioner to be a lecturer and not at all having any locus standi to approach the Court and further observing that neither the students nor the college has approached the Court, imposed a cost of Rs.10,000/- on the petitioner while dismissing the writ petition on the ground as indicated hereinabove.

We find no error in the order passed by the learned Writ Court. The appeal stands dismissed.

However, taking note of the totality of the facts and circumstances, we allow the appeal, so far as imposition of cost of Rs.10,000/- is concerned. The order with regard to imposition of cost stands set aside.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.06.2018 Transmission Date N/A