Somu Anand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16115 of 2018 ====================================================== Somu Anand Singh ... ... Petitioner/s

Versus

The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Kr. Malhotra, Sr. Adv.

Mr. Binod Kumar Sinha For the Respondent State:

Mr. Prabhat Ranjan Singh, AC to AAG-15 For the Respondent No. 5:

Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2018 The passing of intermediate/XIIth examination with Physics, Chemistry and Mathematics is the minimum eligibility criteria for admission in Engineering Colleges in the State of Bihar. The admission is based on combined entrance competitive examination. The petitioner had participated in Bihar Combined Entrance Competitive Examination held by Bihar Combined Entrance Competitive Examination Board in 2018. He claims to have secured 1719 rank based on the said examination.

Admittedly, the petitioner has not cleared his intermediate examination inasmuch as he has failed in Chemistry paper and has taken compartmental examination, result of which is yet to be published. In the meanwhile, counselling is going on for admission to various engineering

Patna High Court CWJC No.16115 of 2018(2) dt.14-08-2018 2/2 courses. Since the petitioner has not cleared intermediate examination, he is not being allowed to participate in the process of counselling. This is the background in which the present writ application has been filed, seeking direction to the respondents to allow the petitioner provisionally to participate in the process of counselling. Since there is no dispute that the petitioner has not cleared intermediate examination, manifestly, he does not have the basic minimum educational qualification for the purposes of admission as on date. The relief, which is being sought, cannot be granted in the present proceeding since admission to professional courses is a time bound process. I do not find any merit in this application, which is accordingly dismissed.

It is, however, observed that if before completion of the process of the counselling, the result of compartmental examination is declared, and if the prospectus of the admission so permits, the petitioner may be allowed to participate in the counselling for admission.

(Chakradhari Sharan Singh, J) Pawan/Ragini U