Arvind Kumar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.722 of 2018 ====================================================== Arvind Kumar Sharma, Son of Dharmnath Sharma, resident of VillageMaker Bhatoli, P.S.- Maker, District- Saran at Chhapra. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

2. The Principal Secretary, Education Department, State of Bihar, Patna.

3. Jai Prakash University, Chapra through its Registrar, Jai Prakash University, Chapra.

4. The Vice- Chancellor, Jai Prakash University, Chapra. null null

5. The Registrar, Jai Prakash University, Chapra.

6. The Controller of Examination, Jai Prakash University, Chapra.

7. The Convenor, Selection/ Admission Committee (For B.Ed.), Jai Prakash University, Chapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Ishwar Chandra For the Respondent/s :

Mr. MADHAW PRASAD YADAV -GP23 For the J.P. University : Mr. Nagendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-02-2018 Heard learned counsel for the parties.

2. This application has been filed seeking direction to the respondent- Jai Prakash University, Chapra to allow admission in any of the fifteen B.Ed. Colleges under the University. The petitioner had applied for the admission, pursuant to an advertisement issued by the University. The said advertisement has been brought on record by way of Annexure-A in which it was indicated that the applicants must examine the Ordinance of the University in relation to admission to B.Ed. Course. The Ordinance for admission has also been brought on record as part

Patna High Court CWJC No.722 of 2018(5) dt.19-02-2018 2/3 of the counter affidavit.

3. A counter affidavit has been filed on behalf of the University. It has been stated that for becoming eligible for admission to the said Course, an aspirant must have had at least 50% of marks either in the Bachelor's Degree and in the Master's Degree with 55% marks or any other qualification/examination recognized by the academic council of the respective Universities. This is an admitted fact that the petitioner has 47.5% marks at the Graduation level and he was, thus, not eligible for the said admission.

4. Learned counsel appearing on behalf of the petitioners has very vehemently submitted that at the time of making application, the petitioner had indicated that he had only 47.5% marks in the Bachelor's level. Once the University accepted the application form, they considered and accepted the candidature of the petitioner to be eligible for the said admission and now it cannot be stated that the petitioner was ineligible.

5. I do not find any merit in this application there being admitted fact that the petitioner does not fulfill minimum eligibility criteria prescribed for admission to B.Ed. Course. The plea that since the University allowed him to appear for the examination and, therefore, the University is under obligation to

Patna High Court CWJC No.722 of 2018(5) dt.19-02-2018 3/3 admit the petitioner, cannot be accepted.

6. This application has not merit and it is accordingly dismissed.

(Chakradhari Sharan Singh, J) arun/- U