Manoj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15627 of 2017 =========================================================== Manoj Kumar, S/o Ram Lakhan Saw, At.+P.O.-Aliganj, P.S.-Chandradeep, District-Jamui, Pin-811301.

.... .... Petitioner/s

Versus

1. The Union of India, Department of Human Resource Development, through its Secretary, Shastri Bhawan, New Delhi-110001.

2. The State of Bihar, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna, Bihar.

3. The Chancellor of the Universities of Bihar, Raj Bhawan, Patna, through its Officer on Special Duty (Judicial), Raj Bhawan, Patna.

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

5. Additional Secretary (High Education), Education Department, Government of Bihar, Patna.

6. Magadh University, Bodh Gaya, through its Registrar.

7. The Vice-Chancellor, Magadh University, Body Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vikas Kumar, Adv. For the State : Mr. Madhukar Mishra, AC to SC-16 For Respondent No. 1 : Mr. Naresh Dixit, Adv. For the M.U. : Mr. Ritesh Kumar, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 03-11-2017 The petitioner had applied for admission to B.Ed. course and had participated in the competitive examination, held

Patna High Court CWJC No.15627 of 2017 dt.03-11-2017 2/3 by the Magadh University, Body Gaya (in short 'the University). On the basis of merit-list, prepared by the University, the petitioner was offered admission in Gaya College, Gaya, in the said course.

2. It is the grievance of the petitioner that the entire process of allotment of seats in various colleges, as adopted by the University, is in teeth of the Ordinance for admission assented to by the Chancellor, Universities of Bihar.

3. Though, prima facie, the point raised on behalf of the petitioner appears to be correct, but I am not inclined to entertain this writ application for two reasons. Firstly, there is no pleading on record that because of the said process adopted by the University for allotting seats, any prejudice has been caused to the petitioner. There is no allegation that any person with lower merit has been given admission to a college, where the petitioner had sought admission, ignoring the petitioner's case.

4. It is, however, indicated that, in future, the University shall be obliged to follow strictly the procedure prescribed in the said Regulations/Ordinance.

5. An issue has also been raised as regards fixation of tuition fees etc., being charged by the privately managed and maintained B.Ed. colleges. Such aspect need not be gone into

Patna High Court CWJC No.15627 of 2017 dt.03-11-2017 3/3 present proceeding, since the petitioner has taken admission in a college, which is managed and maintained by the University.

6. This application is, accordingly, disposed of. (Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08/11/2017 Transmission Date N/A