Dipankar Mandal v. Jai Prakash University, Chapra, Through Its Registrar, Chapra, District Chapra And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.812 of 2018 IN Civil Writ Jurisdiction Case No. 10283 of 2017 ===========================================================
1. Dipankar Mandal Son of Dinesh Chandra Mandal, Resident of Mohalla - Rath Tola, Bus Stand, P.O. + P.S. - Ramghat, District - Nadia (West Bengal). .... .... Appellant/s
Versus
1. Jai Prakash University, Chapra, through its Registrar, Chapra, District Chapra.
2. The Vice-Chancellor, Jai Prakash University, Chapra, District - Chapra.
3. The Registrar, Jai Prakash University, Chapra, District - Chapra.
4. The Controller of Examination, Jai Prakash University, Chapra.
5. Head of the Department of Geography, Jai Prakash University, Chapra, District - Chapra. .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Shubh Narain Singh,Adv. For the Respondent/s : Mr. Nagendra Kumar Singh =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) Date: 06-08-2018 Challenge in the present Letters Patent Appeal is to the order dated 07.05.2018 passed by the learned writ Court in C.W.J.C. No.10283 of 2017. By the impugned order the learned writ Court has refused to issue the directions sought for by the petitioner to issue him Registration Letter and to allow him to submit the Thesis for his Ph.D. Degree in Geography on the Topic "Population and Poverty in Backward fringe District of Nadia (W.B.)."
Learned counsel for the appellant while assailing the impugned order of the learned writ Court has not pointed out any error either in facts or in law. The admitted facts of the case is that the petitioner claims to have applied for registration for his Ph.D. Course in the year 2010 but it is also admitted that the University had never issued him any Registration Letter. The petitioner did not
Patna High Court LPA No.812 of 2018 dt.06-08-2018 approach this Court seeking a mandamus to the University, if he had acquired any legal right to register in the Ph.D. Course. The petitioner claims that he has completed his research work and prepared his thesis which according to him is ready for submission. In the facts of this case, in our considered opinion, the learned writ Court has rightly dismissed the writ application finding that when admittedly the petitioner was not registered as Ph.D. student, how he could complete his research work ready for submission.
Having dismissed the writ application, the learned writ Court has observed that the University shall, however, consider the petitioner's request for his registration as Ph.D. student on the basis that he qualified in Pre-Ph.D. tests, if Rules so permits and allow him to complete his research work strictly in accordance with UGC Regulations governing the field.
In our considered opinion, the Letters Patent Appeal does not disclose any ground to interfere with the impugned order. The Letters Patent Appeal has no merit. It is, accordingly, dismissed.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha AFR/NAFR CAV DATE Uploading Date 07.08.2018 Transmission Date