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Patna High CourtCWJC/13083/2018disposed

Arpana Kumari And ORS v. The State Of Bihar And ORS

2018-08-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13083 of 2018 ======================================================

1. Arpana Kumari , C/o Vinod Prasad, resident of village- Shahbazpur, Fatehpur, Nepa, P.S. Tekhari, District-Gaya

2. Nitu Kumari, D/o Umesh Rajak, resident of village- Siyadih Mathia, P.O. Siyadih, P.S. Konch, District-Gaya

3. Tarnnum Parbn, D/o Md. Suleman Ansari, Village- Rupaspur, P.O. Salempur, P.S. Alipur, District-Gaya.

4. Vandana Kumari, D/o Sri Ram Lagan Yadav, resident of Mohalla-Titaiganj Tekari, P.O. Ketari, P.S. Tekari, District-Gaya.

5. Mandvi Kumari D/o Sri Nand Lal Vaidya, resident of village- Badauli, P.S. Poora, P.S. Tekari, District-Gaya.

... ... Petitioner/s

Versus

1. The State Of Bihar

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

3. The Joint Secretary, Education Department, Govt. of Bihar, Patna

4. The Additional Secretary, Education Department, Govt. of Bihar, Patna

5. The Special Secretary Education Department, Govt. of Bihar, Patna

6. The Deputy Secretary, Education Department, Govt. of Bihar, Patna

7. The Director, Higher Education, Govt. of Bihar, Patna . Respondent/s 1st set

8. The Magadh University through its Registrar, Bodh Gaya, Gaya

9. The Vice Chancellor, Magadh University, Bodh Gaya, Gaya.

10. The Registrar, Magadh University, Bodh Gaya, Gaya

11. The Examination Controller, Magadh University, Bodh Gaya, Gaya

12. The Inspector of the Colleges ( Arts and Commerce), Magadh University, Bodh Gaya, Gaya

13. The Inspector of the Colleges (Science), Magadh University, Bodh Gaya, Gaya Respondents 2nd set ====================================================== Appearance :

For the Petitioner/s :

Mr. Abdul Wadood For the Respondent/s :

Mr. Kameshwar Kumar- GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2018 Following is the relief which is being sought in the present writ application:-

Patna High Court CWJC No.13083 of 2018(2) dt.20-08-2018 2/2 "(i) That the respondent Magadh University may be directed to accept the examination form and fee of the petitioners for B.A/B.Sc Part-III examination session 2017-18 submitted by Mahila Mahavidyalaya, Tekari and allow the petitioners and students of College to undertake their examination of B.A/B.Sc Part III". This is not in dispute that the College in question did not enjoy the status of an affiliated College for the academic session 2013-14 on wards inasmuch as there was no approval of affiliation granted by the State Government as contemplated under Section 21(2) (d) of the Bihar State Universities Act. This is also not in dispute that the request made by the University for grant of approval of the State Government under the said provision has been turned down.

In that view of the matter, in the background of the law as discussed in case of Ram Pramod Thakur Vs. State of Bihar and others in CWJC No. 4660 of 2017 disposed of on 26.04.2018, the relief which is being sought cannot be granted. This application stands dismissed.

(Chakradhari Sharan Singh, J) arun/- U