Nihal Kumar v. The Vice Chancellor

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18402 of 2023 ====================================================== Nihal Kumar Son of Pradip Kumar Resident of Ward number 7, Kashipur P.SSamastipur Town, District- Samastipur. ... ... Petitioner/s

Versus

1.

The Vice Chancellor Bihar Engineering University, Patna. 2.

The Registrar, Bihar Engineering University, Patna. 3.

The Examination Controller, Bihar Engineering University, Patna. 4.

The Principal, Darbhanga College of Engineering, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar For the Respondent/s :

Mr. Satyam Shivam Sundaram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for the following reliefs:

"i. For issuance of an appropriate order, direction, writ in the nature of Writ of Mandamus for directing the respondents for conducting re-examination of second semester for academic year 2021-22, of petitioner, who is student of Computer Science and Engineering branch of Darbhanga College of Engineering, Darbhanga of session 2022-2026.

ii. For further issuance of an appropriate order, direction, writ in the nature of Writ of Mandamus for directing the respondents to consider the application of petitioner sympathetically for condoning the 75 per

Patna High Court CWJC No.18402 of 2023(12) dt.06-03-2025 2/2 cent required attendance criteria for appearance in examination in light of the fact that he was facing unfortunate special circumstances during his academic classes.

iii. For further issuance of an appropriate order, direction, writ in the nature of Writ of Mandamus for directing the respondents to permit him to appear in re-examination in case the respondents conduct the same.

iv. For any other relief or reliefs to which the Petitioner may be found entitled in the fact and circumstances of the present case."

3. Learned counsel for the respondents submits that the authorities are ready to take readmission of the petitioner in 2nd Semester in Darbhanga College of Engineering, Darbhanga.

4. Considering the facts aforesaid, this writ petition is disposed of with a direction to the respondent-authorities to take readmission of the petitioner in 2nd Semester in Darbhanga College of Engineering, Darbhanga and the fee of Rs. 3700/-, which has already been deposited by the petitioner, be adjusted in readmission.

(Anjani Kumar Sharan, J) devendra/- U