Patna High CourtCWJC/17882/2017dismissed

Kameshwar Prasad Singh v. The State Of Bihar And ORS

2017-12-05Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17882 of 2017 ====================================================== Kameshwar Prasad Singh, son of Ram Ishwar Singh, resident of village Amethi, P.S. Sanjhauli, District Rohtas ... ... Petitioner/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 Petitioner/s :

Mr. Manoj Kumar Singh For the Respondent/s :

Mr. P. K. Verma, Sr. Adv.

Mr. Rajesh Prasad Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-12-2017 Heard learned Counsel for the petitioner and learned Senior Counsel appearing on behalf of the University. This application has been filed seeking direction to the Veer Kunwar Singh University, Ara, to accept the fees and forms of the students of B. P. Singh College, Simri, Rohtas, and issue admit cards to the students of the college for Graduate Part-I examination, going to commence from 06.12.2017. This writ application has been filed on 04.12.2017 and on mentioning for urgent hearing, the matter has been taken up today.

Patna High Court CWJC No.17882 of 2017(2) dt.05-12-2017 2/3 The petitioner claims to be a Lecturer working in the said B. P. Singh College, Simri, Rohtas. The College itself has not approached this Court and does not have any grievance. The students have also not approached this court. The petitioner claims to be the guardian of the students, who, according to the writ petitioner, have been made to appear for the examination through another affiliated college, namely, A. S. College, Bikramganj, and R. N. S. College, Ganj Bharsara, Rohtas. In paragraph 6 of the writ application, it is mentioned that for the session 2016-19, altogether 560 students were admitted in the College, but due to 'technical fault of affiliation', it was difficult to send registration form etc. through the said B. P. S. College, Simri, Rohtas.

The Court fails to understand as to how the College allowed admission of 560 students in one session when it was not having affiliation by the University. The Court does not appreciate the system of attaching the students to non-affiliated colleges with affiliated colleges only for the purpose of appearing at the examination.

This, in my opinion, is a fraud on law and the practice is being adopted to defeat the very purposes of the provisions of the Bihar State Universities Act, 1976, dealing with affiliation of

Patna High Court CWJC No.17882 of 2017(2) dt.05-12-2017 3/3 colleges..

This application lacks bona fide. The petitioner does not have any locus standi. This application is accordingly dismissed with a cost of Rs. 10,000/- to be paid by the petitioner to Veer Kunwar Singh University, Bhojpur, at Arrah, within a period of two weeks from today.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √