Dharam Raj @ Dharm Raj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16561 of 2023 ====================================================== Dharam Raj @ Dharm Raj Singh S/o Late Manoj Kumar Sharma Resident of Harpur, P.S- Shahkund, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary. 2.

The Secretary, Home Department, State of Bihar, Patna. 3.

Tilka Manjhi Bhagalpur University, Bhagalpur, through its Registrar. 4.

The Vice Chancellor, Tilka Manjhi Bhagalpura University, Bhagalpur. 5.

The Director General of Police, State of Bihar. 6.

Bar Council of India through its Secretary, New Delhi. 7.

Bihar State Bar Council, Patna, bar Council Bhawan, Patna. 8.

The Principal T.N.B College, Bhagalpur.

9.

Neetu Kumari D/O Naresh Mandal, Chhoti Kelewari, Near Machhli Talab, P.S- Kotwali, District- Munger ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad (Sc8) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-05-2024 The present writ petition has been filed seeking the following relief:- "1i.For issuance of writ in the nature of Mandamus directing the Director General of Police, Bihar to take action against concerned authority as well as against Neetu Kumari the women constable No. 218 how she had appeared on the same day dated 2-4-2019 to serve her duty and on the other hand how she had appeared in examination hall for LLB

Patna High Court CWJC No.16561 of 2023(2) dt.07-05-2024 2/3 degree and get her salary of that date.

ii.

For issuance of writ in the nature of certiorari / mandamus directing the Vice Chancellor, Tilka Manjhi, Bhagalpur University, Bhagalpur for quashing the illegal erroneous degree issued by the University under the registration No. 120500153/12 which has been issued in contravention of the statutory guidelines of the university / University Grant Commission/Bar Council of India.

(iii) For issuance of writ in the nature of Mandamus directing the Department of Home (respondent No. 2) to take appropriate action upon the Neetu Kumari, Women Constable218 (respondent No. 9) with suitable punishment under the departmental proceeding which involves moral turpitude.

iv.

For issuance of writ in the nature of QuoWarranto directing University to search out erring authority in whom collusion allow to sit in examination in pursuance to which Neetu Kumari has take part in examination I, ii, iii and iv semesters of LLB Degree under the registration No.

1201500153/12 in contravention to the statutory guidelines of the Bar Council of India.

v.

For issuance of appropriate writ directing the Bar Council of India as well as State Bar Council, Bihar, Patna to take proper

Patna High Court CWJC No.16561 of 2023(2) dt.07-05-2024 3/3 action upon T.N.B Law College Bhagalpur to permit Neetu Kumri allowing her to appear in LLB Examination in contravention of statutory guideline of the Bar Council regarding attendance of 70% class in concern subject."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

3.

The writ petition stands dismissed.

(Mohit Kumar Shah, J) kanchan/- U