Shashank Saurva v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19075 of 2018 ====================================================== Shashank Saurva S/o Atma Nand Singh Resident of Village-Kobil P.S. Islampur District Nalanda.

... ... Petitioner

Versus

1. The State of Bihar through its Chief Secretary Old Secretariat Bihar, Patna.

2. The Principal Secretary, Animal Husbandry Department, Bihar, Patna.

3. The Bihar Animal Science University through its Vice Chancellor, Patna, Bihar.

4. The Registrar, Bihar Animal Science University,Patna-14. Bihar.

5. The Principal Bihar Animal Science University, Patna-14 Bihar.

6. The Director Student Welfare Bihar Animal Science University Patna, Bihar.,

7. The Facility dean Animal Science University, Patna-14 Bihar. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Yogendra Kumar Singh, Advocate For the Respondent University: Dr. K.N.Singh, Senior Advocate Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-10-2018 Heard learned counsel for the parties.

The petitioner seeks direction to the respondent University to allow the petitioner's registration in 9th semester for academic session 2018-19 as student of Veterinary Science and Animal Husbandry in Bihar Animal Sciences University, Patna.

It appears that there is no dispute over the fact that though the petitioner had appeared in 7th semester examination and 8th semester examination, his result has, however, not been declared on the ground of shortfall in his attendance. This is not in dispute that the petitioner's attendance in various subjects has

Patna High Court CWJC No.19075 of 2018(5) dt.30-10-2018 2/3 been much below 75%, which is mandatorily required under the Regulations governing examination of the course. This Court has had occasion to consider similar issue in case of Vijay Shanker and Others vs. The Bihar Animal Sciences University and Others (C.W.J.C. No. 17808 of 2018 and by order dated 26.10.2018 passed in the said case, plea of the petitioners in that case for registration in the next semester has been turned down. Learned counsel appearing on behalf of the petitioner does not dispute that the case of the petitioner is squarely covered by this Court's decision rendered in the case of Vijay Shanker and Others (supra).

In view of Regulation 15(2) of the Veterinary Council of India Minimum Standards of Veterinary Education (Bachelor of Veterinary Science and Animal Husbandry-Degree Course) Regulations, 2016, the petitioner was ineligible to appear in the annual examination. In the counter affidavit filed on behalf of the University, it appears that the petitioner's attendance has been much much less than 75% in all subjects, which has been given in tabular form in paragraph 3 of the counter affidavit. No relief as is being sought on behalf of the petitioner, therefore, can be granted.

While refusing to entertain the prayer made on behalf

Patna High Court CWJC No.19075 of 2018(5) dt.30-10-2018 3/3 of the petitioner, this application is disposed of with the only observation that the observations made in paragraph 13 and 14 by this Court in case of Vijay Shanker and Others (supra) shall apply in case of the petitioner also.

(Chakradhari Sharan Singh, J) Pawan/Ragini U