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Patna High CourtCWJC/13379/2018disposed

Mushabbir Alam v. The Vice Chancellor, B. N. Mandal University And ORS

2024-06-28Mr. Justice Ashutosh Kumar,Mr. Justice Nani Tagia,Mr. Justice Partha Sarthy49 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8271 of 2021 ====================================================== Pushpa Kumari, Wife of Shailesh Kumar Jha @ D/o Kishor Kumar Jha, Resident of Village-Bhatotar, P.O.-Bhatotar Chakla, P.S.-Bharhara Kothi, District-Purnea (Bihar), Pin Code-854203.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

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

3.

The Director, Higher Education, Government of Bihar, Patna. 4.

The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura. 5.

The Examination Controller, B.N. Mandal University, Laloo Nagar, Madhepura.

6.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 7.

The Principal/Incharge Principal, B.N.C. College, Dhamdaha, Purnea. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 10252 of 2012 ====================================================== SANGEETA KUMARI Daughter Of Sri Nirmal Kumar R/O Village P.O.- Bimawan, P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

1.

THE BHUPENDRA NARAYAN MANDAL UNIVERSITY 2.

The Examination Controller Bhupendra Narayan Mandal University Laloo Nagar, Madhepura ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 13379 of 2018 ====================================================== Mushabbir Alam S/o Abdul Subhan R/o Village- Jabar, Police Station- Baisi, District- Purnea ... ... Petitioner/s

Versus

1.

The Vice Chancellor, B. N. Mandal University 2.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura, Bihar 3.

The Deputy Rgistrar Exam, B.N. Madal University, Laloo Nagar, Madhepura, Bihar

2/49 4.

The Controller of Examination. B.N. Mandal University, Laloo Nagar, Madhepura, Bihar 5.

The Principal, M.L. Arya College Kasba, District- Purnea ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 22992 of 2018 ====================================================== Subhash Yadav Son of Kamleshwari Prasad Yadav Village, Nagrahi, P.O. and P.S. Parsa Hat, District- Araria.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors through the Principal Secretary, Education Department, Government of Bihar, New Secretariat, Patna, Bihar. 2.

The Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, Bihar, through its Vice-Chancellor.

3.

The Registrar, The Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, Bihar.

4.

The Controller of Examination, The Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, Bihar.

5.

The Principal, Gorelal Mehta College, Banmankhi, Purnea. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 14326 of 2019 ====================================================== Raziya Khatun Daughter of Alim Khan Resident of Manihari (Idgah Tola), P.S.- Manihari, District- Katihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Director High Education, Education Department, Government of Bihar, Patna.

3.

Bhupendra Narain Mandal University Laloo Nagar, Madhepura, through its Registrar.

4.

The Registrar Bhupendra Narain Mandal University, Laloo Nagar, Madhepura.

5.

The Vice- Chancellor Bhupendra Narain Mandal University, Laloo Nagar, Madhepura.

6.

The Pro- Vice- Chancellor Bhupendra Narain Mandal University, Laloo Nagar, Madhepura.

3/49 7.

The Examination Controller Bhupendra Narain Mandal University, Laloo Nagar, Madhepura.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 17350 of 2019 ====================================================== Sandip Kumar Son of Ramesh Kumar, Resident of Ward No. 2, Ramjani, Chopra Ramnagar, P.O.- Sailanath Rupauli, P.S. Rupauli, District- Purnea. ... ... Petitioner/s

Versus

1.

Bhupendra Narayan Mandal University Laloo Nagar, Madhepura through its Registrar.

2.

The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

3.

The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

4.

The Examination Controller, bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 20754 of 2019 ====================================================== Nupur Kumari D/o Sri Kumudanand Pathak Resident of Professor Colony, Ward No. 13, Muhallah- Basantpur, P.o.- Birpur, Distt.- Supaul, Bihar ... ... Petitioner/s

Versus

1.

The B.N. Mandal University Lalu Nagar Madhepura, through the Registrar of the University 2.

The Vice Chancellor B.N. Mandal University, Lalu Nagar, Madhepura The State of Bihar 3.

The Registrar B.N. Mandal University, Lalu Nagar, Madhepura 4.

The Examination Controller B.N. Mandal University, Lalu Nagar, Madhepura 5.

The Principal L.N.M.S. College, Birpur (Supaul) 6.

The State of Bihar through the Principal Secretary, HRD Deptt., Govt. of Bihar, Patna ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 23017 of 2019 ======================================================

4/49 Neeraj Kumar, S/O Murlidhar Mishra, R/O Village- Nayatola, ward no. - 34, Shiv Mandir chowk, Bara bazar, P.S.- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar, through Principal Secretary, Department of Human Recourses Department, Government of Bihar, Patna. 2.

The Vice - Chancellor, Bhupendra Narayan Mandal, University, Laloo Nagar, Madhepura.

3.

The Registrar, Bhupendra Narayan Mandal, University, Laloo Nagar, Madhepura.

4.

The Controller of Examination, Bhupendra Narayan Mandal, University, Laloo Nagar, Madhepura.

5.

Principal, D.S. College, Katihar.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 24625 of 2019 ====================================================== Rajeev Kumar Raj S/o Sant Lal Das Resident of Mohalla- Golaghat Sonebarsa Lane, P.s.- Kotwali, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The B.N. Mandal University through its Registrar, Laloo Nagar, Madhepura 2.

The Vice Chancellor B.N. Mandal University, Laloo Nagar, Madhepura 3.

The Registrar B.N. Mandal University, Laloo Nagar, Madhepura 4.

The Controller of Examination B.N. Mandal University, Laloo Nagar, Madhepura ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 24828 of 2019 ====================================================== Ashutosh Kumar Ashish Son of Dinanath Thakur, Resident of Village and P.S.-Jadia, District-Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

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

3.

The Director, Higher Education, Department of Education, Government of Bihar, Patna.

5/49 4.

The Vice Chancellor, Bhupendra Narayan Mandal University, Lalu Nagar, Madhepura.

5.

The Registrar, Bhupendra Narayan Mandal University, Lalu Nagar, Madhepura.

6.

The Examination Controller, Bhupendra Narayan Mandal University, Lalu Nagar, Madhepura.

7.

The Principal, Evening College, Saharsa.

8.

The Examination Controller, Evening College, Saharsa. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 25306 of 2019 ====================================================== 1.

Rahul Paswan Son of Shilo Paswan Resident of Village-Kabir Nagar, Thutha Pararia, P.S. Bihariganj, District-Madhepura. 2.

Shyam Kishor Kumar Son of Ramdeo Mandal Resident of Village-Bari Patoriya Ward No.4, P.S.-Alam Nagar, District-Madhepura. 3.

Pravin Kumar Son of Gauri Shankar Mandal Resident of Village-Ward No. 6, Pashchim Bhatsara P.S.-Barhara Kothi, District-Purnia 4.

Soni Kumari Daughter of Naresh Yadav Wife of Bittu Kumar, Resident of Village-Kishunganj Ward No.14, P.S.-Uda Kishunganj, District-Madhepura. 5.

Rinku KUmari Daughter of Ramu Mandal Wife of Bikash Mahto Resident of Village-Nauhatta Paschim Ward No.12, P.S.-Nauhatta, District-Saharsa. 6.

Prem Kumar Sono f Kanik Lal Choudhary Resident of Village-Near Prathmik School Gavas, Kingri, P.S.-Khagaria, District-Khagaria. 7.

Md. Sadik Son of Md. Rafique Resident of Village-Madheli P.S.- Shankarpur, District-Madhepura.

... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University Laloo Nagar, Madhepura Bihar through Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 2.

The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura 3.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 4.

The Controller of Examination, B.N. Mandal University, laloo Nagar, Madhepura 5.

The Deputy Registrar (Exam), B.N. Mandal University, laloo Nagar, Madhepura 6.

The Principal, U.V.K. College, Karama, Alam Nagar, Madhepura. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 2813 of 2020

6/49 ====================================================== Rajiv Kumar Son of Sri Rudra Narayan Yadav, Resident of Village Sukhasan, P.S. Kumar Khand, District- Madhepura.

... ... Petitioner/s

Versus

1.

Bhupendra Narayan Mandal University Laloo Nagar, Madhepura through its Registrar.

2.

Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

3.

Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura. 4.

Controller of Examinations , Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 3235 of 2020 ====================================================== Dilnaz Perween Wife of Md. Kamil Alam Daughter Hasibur Rahman, Resident of Village Dhama Ward No. 10, Tola Rajokher P.s. Araria, R.S. District Araria ... ... Petitioner/s

Versus

1.

The Vice Chancellor, Bhupendra Narayan Mandal (B.N.Mandal) University, Lalu Nagar, Madhepura District Madhepura 2.

The Pro V.C. B.N. Mandal (B.N.Mandal) University, Lalu Nagar, Madhepura District Madhepura 3.

The Registrar, Bhupendra Narayan Mandal (B.N.Mandal) University, Lalu Nagar, Madhepura District Madhepura 4.

The Controller of Examination, Bhupendra District Madhepura 5.

Principal Millia Fakhruddin Ali Ahmad B,Ed. Teachers Training College, Rambagh Purnea District Purea ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 4677 of 2020 ====================================================== Pinki Kumari D/o Sri Mohar Lal Mandal, Resident of Ward No. 5, Bochi, P.s.- District- Araria, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Principal Secretary, Human Resources Development Department (Higher Education), Bihar, Patna

7/49 3.

The Director, Higher Education, Government of Bihar, Patna 4.

The Vice Chancellor, B.N.M.U, Madhepura 5.

The Registrar, B.N.M.U, Madhepura 6.

The Principal of Araria College Araria 7.

The Secretary-cum-University Representative of Governing Body of Araria College, Araria ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 6467 of 2020 ====================================================== Jyoti Rani daughter of Sanjay Kumar Bharti, Resident of Mohammadpur, Barsauni, P.S.- Dagurwa, District- Purnia.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

2.

Director, Higher Education, Govt. of Bihar, Patna. 3.

B.N. Mandal University, Madhepura through its Registrar. 4.

Vice Chancellor, B.N. Mandal University, Madhepura. 5.

The Registrar, B.N. Mandal University, Madhepura. 6.

The Controller of Examination, B.N. Mandal University, Madhepura. 7.

The Principal, Purnea College, Purnea.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 48 of 2021 ====================================================== Dipak Kumar yadav Son of Anup Yadav Resident of Village-North Kankania, Post Office Talgram Hat Police Station-Harischandrapur, District-Malda (West Bengal).

... ... Petitioner/s

Versus

1.

The Vice Chancellor, B.N. Mandal University, Madhepura. 2.

The Registrar, B.N. Mandal University, Madhepura 3.

The Controller of Examinations, B.N. Mandal University, Madhepura 4.

The Principal, K.B. Jha College, Katihar.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 4118 of 2021

8/49 ====================================================== Mukesh Kumar Son of Harinandan Yadav Resident of Village- Jharkaha, P.S.- Shankarpur, District- Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary Old Secretariat, Bihar, Patna.

2.

The Principal Secretary Education Department, Government of Bihar, Patna. 3.

The Bhupendra Narayan Mandal University Laloo Nagar Madhepura through its Vice- Chancellor Bhupendra Narayan Mandal University Laloo Nagar Madhepura.

4.

The Registrar Bhupendra Narayan Mandal University Laloo Nagar Madhepura.

5.

The Examination Controller Bhupendra Narayan Mandal University Laloo Nagar Madhepura.

6.

The Principal Anuplal Yadav College Tribeniganj, District- Supaul. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 6568 of 2021 ====================================================== Ratan Kumar Sono f Kesho Prasad Yadav Resident of Village-Raibhir, PostRaibhir, Police Station-Shankarpur, Distirct-Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Vice Chancellor B.N. Mandal University, 3.

The Examination Controller B.N. Mandal University, 4.

The Principal, T.P. Collge, Madhepura.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 6716 of 2021 ====================================================== Priti Prerna D/o Sri Dayanand Yadav Resident of Village-Chandur, Mukhiya Tola, Ward No.1, P.O.-Chandaur, P.S.-Saur Bazar, District-Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The B.N. Mandal University, Laloo Nagar, Madhepura through its ViceChancellor.

9/49 3.

The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura. 4.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 5.

The Examination Controller, B.N. Mandal University, Laloo Nagar, Madhepura.

6.

Principal K.B. Womens College, Madhepura.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 7683 of 2021 ====================================================== 1.

Savitree Kumari daughter of Ram Kumar Ray, wife of Puskar Kumar, resident of Village- Ekarh, P.O. and P.S.- Nauhatta, District- Saharsa852123. 2.

Aman Kumar Son of Ashok Kumar Jha resident of Village- Jamua, Ward no. 10, P.O., P.S. and District- Araria.

3.

Jay Krishan Jivan son of Surendra Paswan resident of Village- Madhura North, Ward no. 2, P.O. and P.S.- Narpatganj, District- Araria- 854335. 4.

Sonali Sinha daughter of Birendra Kumar Sinha resident of Mohalla- Chater Niwash Amla Tola, Madhubani, P.S.- K. Hat, District- Purnea- 854301. 5.

Lalendra Kumar son of Ram Kumar Yadav resident of Village- Maruwaha Manikpur, P.O.- Varrahi Bazar, P.S. and District- Madhepura- 852113. 6.

Punam Kumari daughter of Ashok Kumar Jha, wife of Sri Rajnikant Mishra, resident of Village- Ward no. 8, Ram Nagar, P.O.- Jamua, Block- Sikati, P.S.- Bardaha, District- Araria- 854331.

7.

Rida Naz daughter of Md. Hawu Hussain, resident of Near Araria City Public School Mirjabag, Ward No. 3, P.S. and District- Araria- 854311. 8.

Minesh Kumar son of Binod Poddar resident of Village and P.O.- Maruahi, P.S.- Puraini, District- Madhepura- 852116.

9.

Sunil Kumar Suman Son of Shiv Shankar Paswan resident of VillageSarauni, P.O.- Mahua Bazar, P.S.- Basnahi, District- Saharsa- 852129. ... ... Petitioner/s

Versus

1.

The Vice Chancellor, B.N. Mandal University, Madhepura. 2.

The Registrar, B.N. Mandal University, Madhepura. 3.

The Examination Controller, B.N. Mandal University, Madhepura. 4.

The Principal, R. Jha Mahila College, Saharsa. 5.

The Principal, Araria College, Araria.

6.

The Principal, Farbisganj College, Araria.

7.

The Principal, Purnea College, Purnea.

8.

The Principal, C.M.S. College, Madhepura.

9.

The Principal, A.M. Degree College, Araria.

10/49 10.

The Principal, U.V.K. College, Karma, Madhepura. 11.

The Principal, M.L.T. College, Saharsa.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 9920 of 2021 ====================================================== Shashi Kumar Shashi son of Bhim Lal Mandal resident of DiwanGanj, Rautra, P.S. Ranipatra, District- Purnea.

... ... Petitioner/s

Versus

1.

The B.N. Mandal University through its Registrar, Laloo Nagar, Madhepura, District- Madhepura.

2.

The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura, District- Madhepura.

3.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura, DistrictMadhepura. 4.

The Controller of Examination, B.N. Mandal University, Laloo Nagar, Madhepura, District- Madhepura.

5.

The Deputy Registrar, B.N. Mandal University, Laloo Nagar, Madhepura, District- Madhepura.

6.

The P.S. Degree College, Harda, District- Purnea through its Principal. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 11489 of 2021 ====================================================== Indrajeet Kumar Son of Dinesh Yadav, Resident of village - Goriya Tola Ward No. 07, Monapur, P.S. Simri Bakhtiyarpur, District - Saharsa. ... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University Laloo Nagar Madhepura through its Vice Chancellor.

2.

The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

3.

The Examination Controller, Bhpendra Naryan Mandal University, Laloo Nagar, Madhepura.

4.

The Principal, M.L.T. College, Saharsa.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 14509 of 2021

11/49 ====================================================== Lucky Raj Son of Mahendra Prasad Sah R/O Mohalla Saharsa Basti, Ward No. 31 P.O., P.S. and District- Saharsa.

... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University Laloo Nagar Madhepura through its Vice - Chancellor Bhupendra Narayan Mandal University Madhepura.

2.

The Examination Controller Bhupendra Narayan Mandal University Laloo Nagar Madhepura.

3.

The Principal, MLT College Saharsa PS and District Saharsa. 4.

Coordinator, BCA Department MLT College Saharsa. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 14863 of 2021 ====================================================== Sunil Kumar Singh Son of Late Akhilesh Kumar R/o Village Musaharnia, Ward No. 1 PO Khajuri P.S. Sourbajar and District- Saharsa. ... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University Laloo Nagar Madhepura through its Vice- Chancellor Bhupendra Narayan Mandal University Madhepura.

2.

The Examination Controller Bhupendra Narayan Mandal University Laloo Nagar Madhepura.

3.

Principal, MLT College Saharsa PS and District Saharsa. 4.

Coordinator, BCA Department MLT College Saharsa. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 14902 of 2021 ====================================================== Vivek Kumar Son of Prithwi Chandra Sharma R/O Village Dorra, PO Laxminia Via Balwabajar P.S. Balwabajar and District- Supaul. ... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University Laloo Nagar Madhepura through its Vice - Chancellor Bhupendra Narayn Mandal University Madhepura.

2.

The Examination Controller Bhupendra Narayan Mandal University Laloo Nagar Madhepura.

3.

Principal, MLT College Saharsa PS and District Saharsa.

12/49 4.

Coordinator, BCA Department MLT College Saharsa. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 17183 of 2021 ====================================================== Amit Kumar Son of Ashrafi Thakur, resident of Village-Shadipur Butha, P.O. and P.S.-Baisi, District-Purnia.

... ... Petitioner/s

Versus

1.

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

The Secretary Education, Government of Bihar, Patna. 3.

The Director, Higher Education, Government of Bihar, Patna. 4.

B.N. Mandal University, Laloo Nagar, Madhepura through its Registrar. 5.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 6.

The Controller of Examination, B.N. Mandal University, Laloo Nagar, Madhepura.

7.

The Principal, Purnea College, Purnea.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 17203 of 2021 ====================================================== Sadhna Kumari @ Sadhana Kumari Daughter of Binod Kumar Jha @ Vinod Kumar Jha and wife of Navneet Coudhary Resident of Hanumant Nagar, Ward no. 16, Koshi Colony, Anchal- Araria, District- Araria- 854311. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

3.

The Director Higher Education Bihar, Patna.

4.

The B.N. Mandal University Laloo Nagar, Madhepura, Bihar, through its Registrar.

5.

The Vice Chancellor B.N. Mandal University, Laloo Nagar, Madhepura, Bihar.

6.

The Registrar B.N. Mandal University, Laloo Nagar, Madhepura, Bihar. 7.

The Examination Controller B.N. Mandal University, Laloo Nagar, Madhepura, Bihar.

8.

The Araria College Araria, through its Principal.

13/49 9.

The Principal Araria College, Araria.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 17668 of 2021 ====================================================== Moni Kumari Daughter of Sunder Kant Jha @ Sundar Kant Jha Resident of Village- Lagma, P.S.- Sonbarsa Raj, District- Saharsa. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Bhupendra Narayan Mandal University, Laloo Nagar Madhepura through its Vice-Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

4.

The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

5.

The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

6.

The Exam Controller, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

7.

The Principal, Ramesh Jha Mahila College, Saharsa. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 17982 of 2021 ====================================================== 1.

Mukesh Kumar Sah son of Rajendra Prasad Sah resident of VillageShikarpur, P.S.- Baliyablion, District- Katihar 2.

Prem Kumar son of Kanhaiya Lal Chaudhary resident of Village- Malor, P.S.- Barsoi, District- Katihar 3.

Kundan Kumar son of Ganesh Mandal R/o Village- Chakman, P.S. Mansahi, District- Katihar 4.

Karanjeet Paswan son of Sushil Kumar Das resident of Village- Kumaripur, P.S.- Manihari, District- Katihar 5.

Niranjan Kumar son of Dulalchand Pandit resident of Village- Besarbati, P.S.- Churli, District- Kishanganj 6.

Uday Kumar son of Rajendra Prasad Mandal resident of Village and P.S.- Amdabad, District- Katihar.

7.

Subodh Kumar Mandal son of Naresh Prasad Mandal resident of Maheshpur, Ward No.7, P.S. Manihari, District- Katihar. ... ... Petitioner/s

14/49

Versus

1.

The State of Bihar through the Principal Secretary, Higher Education Department, Bihar, Patna.

2.

The Principal Secretary, Governor Secretariate, Raj Bhawan, Bihar, Patna. 3.

Bhupendra Narayan Mandal University through its Vice Chancellor, Laloo Nagar, Madhepura 4.

The Pro- Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura 5.

The Examination Controller, Bhupendra Narayan Mandal University, Laloonagar, Madhepura 6.

The Registrar, Bhupendra Narayan Mandal University, Laloonagar, Madhepura 7.

The Principal, Darshan Sah College, Katihar ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 18300 of 2021 ====================================================== Samima Khatun D/o- Jahiruddin, W/o - Md. Nematullah, Resident of Village - Jadia, Ward No. 8, P.S. Jadia, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Higher Education, Bihar, Patna.

2.

The Bhupendra Narayan Mandal (B.N. Mandal) University, through the vice Chancellor, Madhepura, Bihar.

3.

The Registrar, B.N. Mandal University, Madhepura, Bihar. 4.

The Examination Controller, B.N. Mandal University, Madhepura, Bihar. 5.

The Principal, L.N. College, Bangaon, Saharsa. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 18556 of 2021 ====================================================== Md. Abu Talib @ Mohammad Abu Talib @ Abu Talib Son of Md. Shabbir Alam, Resident of Village - Gaiyari, Ward No. 11, P.S. - Araria, District - Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Higher Education, Bihar, Patna.

2.

The Bhupendra Narayan Mandal (B.N. Mandal) University, through the Vice

15/49 Chancellor, Madhepura, Bihar.

3.

The Registrar, B.N. Mandal University, Madhepura, Bihar. 4.

The Examination Controller, B.N. Mandal University, Madhepura, Bihar. 5.

The Principal, Al Shams Millia Degree College, Araria, Bihar. 6.

The Principal, Forbesganj College, Forbesganj, District - Araria, Bihar. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 19778 of 2021 ====================================================== Sagufta Praven @ Sagufta Parween D/o - Md. Fakir W/o - Md. Shahnawaz Alam Resident of Village - Mahua, Ward No. 9, P.S. Supaul, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Higher Education, Bihar, Patna.

2.

The Bhupendra Narayan Mandal (B.N. Mandal) University, through the Vice Chancellor, Madhepura, Bihar.

3.

The Registrar, B.N. Mandal University, Madhepura, Bihar. 4.

The Examination Controller, B.N. Mandal University, Madhepura, Bihar. 5.

The Principal, R.Jha Mahila College, Saharsa. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 20061 of 2021 ====================================================== Priyanka Kumari Wife of Raj Kumar Paswan Resident of near Khedan Baba Chowk, Ward No. 07, Adarsh Nagar, Madhepura, P.S. and DistrictMadhepura. ... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University Laloo Nagar, DistrictMadhepura through its Registrar. 2.

The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, District- Madhepura.

3.

The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, District- Madhepura.

4.

The Examination Controller, Bhupendra Narayan Mandal University, Laloo Nagar, District- Madhepura.

... ... Respondent/s ======================================================

16/49 with Civil Writ Jurisdiction Case No. 20226 of 2021 ====================================================== Raginee Saraswati Daughter of Bhola Prasad Sah, Resident of Village - High School Road, At and Post Office - Borio, Police Station- Borio, District - Sahebganj, Jharkhand - 816120.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Vikash Bhawan, New Secretariat, Patna. 2.

The Additional Chief Secretary, Education Department, Government of Bihar, Vikash Bhawan, New Secretariat, Patna. 3.

The Director, Research and Training, Education Department, Government of Bihar, Vikash Bhawan, New Secretariat, Patna. 4.

The Bhupendra Narayan Mandal University, Madhepura, Bihar through the Vice Chancellor.

5.

The Vice Chancellor, Bhupendra Narayan Mandal University, Madhepura. 6.

The Registrar, Bhupendra Narayan Mandal University, Madhepura. 7.

The Examination Controller, Bhupendra Narayan Mandal University, Madhepura.

8.

The Principal, College of Teacher Education (CTE), Saharsa. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 20301 of 2021 ====================================================== 1.

Kamlesh Kumar Jha son of Shree Prem Kant Jha, resident of Village and P.O.-Goal Nagar, Ward No. 12, North Dehti, P.S.-Palasi, District-Araria854333. 2.

Taslim Akhter, son of Shekh Ebrahim Lodi, resident of Mohalla-Jay Nagar, P.O. and P.S. and District-Katihar-854103.

3.

Manish Kumar Jaiswal, son of Raghunath Jaiswal, resident of Village and P.O.-Mauni Dhrub Dash Tola, P.s.-Rupauli, District-Purnea-854204. 4.

Nusrat Salam, Daughter of Abdus Salam, resident of Village and P.O.-Hondi Pokhar Padmapur, P.S.-Dighalbank, District-Kishanganj-855108. 5.

Nusrat Naz, daughter of Md. Zabar Alaam, resident of Village and P.O.- Kansi Bari, P.S.-Pichhala, District-Kishanganj, Bihar-855107. 6.

Farjana Khatoon, wife of Md. Ansar Sheikh, resident of Mohalla-Dhontola, P.O.-Dhontola, P.s.-Islampur, District-Uttari Dinajpur, West Bengal-733213. 7.

Pooja Kumari, daughter of Umanand Singh, Wife of Krishna Kumar, Islaima Chauk, Ward No. 16, Gangjala P.O., P.S. and District-Saharsa-852201. 8.

Shaharbanu, daughter of Md. Mahtab Alam, resident of Village-Dighli Hasanpur, Ward No. 33, P.O., P.S., District-Kishanganj-855108.

17/49 9.

Babli Kumari, daughter of Yugal Kishore Yadav, Wife of Vijay Kumar, resident of Ward No. 5, Dhamdaha Middle School, P.O., P.S.-Dhamdaha, District-Purnea-854205.

10.

Nikki Kumari, daughter of Sabindra Prasad Singh, Wife of Rahul Kumar, resident of Village-Tilakpur Mahmooda, P.O., P.S. and District-Madhepura852210. 11.

Arnot Kumar, son of Dilip Kumar Mandal, resident of Durgapur, Ward No. 5, P.O. and P.S.-Bhawanipur, District-Purnea. 12.

Baliram Kumar Choudhary, son of Dev Kumar Choudhary, resident of Naya Tola, P.O.-Dariya Mills, Ward NO. 43, P.s. and District-Katihar-854105. 13.

Archana Kumari, daughter of Arjun Rai, resident of Village and P.O.- Durgapur, P.S. and District-Madhepura-854105. 14.

Puja Kumari, wife of Dinanath Prasad Gupta, Uagkohalia Chauraha, Ward No. 8, P.O.-Parbaha, P.S.-Mashua, District-Araria-854318. 15.

Premlata Menon, wife of Ranjeet Kumar Kamat, resident of Mohalla-Karha Ganesh Asthan, Ward No. 02, P.O-Dhabaul, P.S.-Patarghat, District-Saharsa854312. 16.

Priyanka Kumari, Wife of Ajeet Kumar Rai, resident of Village-Kamaldaha, Ward No. 9, Near School, P.O. and P.S.-Kamaldaha, District-Araria. 17.

Sajjan Devi @ Sanian Devi, Wife of Manoj Mandal, resident of Akdarha Gohuman, District-Madhepura-852128.

18.

Ranjeet Kumar, son of Parmeshwar Mahto, resident of Village and P.O.- Banmankhi, District-Purnea.

19.

Jagarnath Mandal, son of Sitaram Mandal, resident of Near Schoo, Maladh, Ward No. 9, P.O. and P.S.-Kishanpur, District-Supaul-852138. 20.

Arpana Kumari, wife of Amit Kumar Yadav, resident of Village-Samaiya, P.O. Gadh Banaaila, P.S.-Kasba, District-Purnea-854325. 21.

Priyanka Kumari, daughter of Pradeep Kumar yadav, resident of VillagePrasadpur, P.O. Banaili, P.S. and District-Purnia -854201. 22.

Shilpi Kumari, wife of Nand Kuar Jha Nandan, resident of Village and P.O.- Khujaraha, P.S. Sonbarsa Raj, District-Saharsa-852217. 23.

Tapasi Rani, Wife of Gautam Kumar Dev, resident of Near S.U.M. School, P.O.-Belarkk Baggan, P.S. K. Nagar, Purnea, District-Purnia-854304. ... ... Petitioner/s

Versus

1.

The Vice Chancellor B.N. Mandal University, Laloo Nagar, Madhepura. 2.

The Registrar, B.N. Mandal University, Madhepura. 3.

The Examination Controller, B.N. Mandal University, Madhepura. 4.

The Principal, people College, Araria.

5.

The Principal, D.S. College, Katihar.

6.

The Principal, R.B. College, Madhav Nagar, Purnea. 7.

The Principal, R.K. Sah Womens College, Kishanganj.

18/49 8.

The Principal, S.N.S.R.K.S. College, Saharsa. 9.

The Principal, Marvari College, Kishanganj.

10.

The Principal, S.A.K.H.D. College, Madhepura. 11.

The Principal, B.N.M.U. College Sahugarh, Madhepura. 12.

The Principal, K.B. Jha College, Katihar.

13.

The Principal, Forbesganj College, Forbesganj. 14.

The Principal, T.P. College, Madhepura.

15.

The Principal, College, P.S.CV College, Madhepura. 16.

The Principal, G.L.M. College, Banmankhi, Purnea. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 20590 of 2021 ====================================================== Neha Raj D/o Sri Chanchal Kumar, R/v-Ward No. 14, Laxmipur mohalla, Madhepura, P.S.-Madhepura, Distt.-Madhepura.

... ... Petitioner/s

Versus

1.

The Vice-Chancellor, Bhupendra Narayan Mandal University (B.N. Mandal University) Lalu Nagar, Madhepura, Bihar.

2.

The Examination Controller, Bhupendra Narayan Mandal University (B.N. Mandal University), Lalu Nagar, Madhepura, Bihar. 3.

The Principal Raghunandan Prasad Mandal Degree College (R.P.M. Degree College), Tuniyahi, Madhepura.

4.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 20738 of 2021 ====================================================== Dhiraj Kumar Son of Indradev Yadav, Resident of Village - Maurkahi, P.S. - Dhabauli, District - Saharsa.

... ... Petitioner/s

Versus

1.

B.N. Mandal University Laloo Nagar Madhepura through its Registrar. 2.

The Vice Chancellor, B.N.Mandal University, Laloo Nagar Madhepura. 3.

Registrar, B.N.Mandal University, Laloo Nagar Madhepura. 4.

Examination Controller, B.N.Mandal University, Laloo Nagar Madhepura. ... ... Respondent/s ======================================================

19/49 with Civil Writ Jurisdiction Case No. 1589 of 2022 ====================================================== Priyanka Kumari W/o Amardeep Kumar, D/o Ramchandra Prasad Yadav, R/o Village- Sonwarsha, Ward no.- 1, P.S.- Chautham, District- Khagaria (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Human Resources Department, Government of Bihar, Patna 2.

The Vice- Chancellor, Bhupendra Narayan Mandal, University, Laloo Nagar, Madhepura.

3.

The Registrar, Bhupendra Narayan Mandal, University, Laloo Nagar, Madhepura.

4.

The Controller of Examination, Bhupendra Narayan Mandal, University, Laloo Nagar, Madhepura.

5.

Principal, BSRK, College, Singheshwar, Madhepura. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 4196 of 2022 ====================================================== Rajeev Kumar @ Rajiv Kumar Son of Sumedalal Yadav Resident of VillagePathraha, Ward No.4, P.O. Madhepura, Police Station- Madhepura, DistrictMadhepura, Pin- 852113. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, New Secretariat, Patna.

2.

The Vice Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura. 3.

The Head of Department, Psychology Department, North Campus, B.N. Mandal University, Madhepura.

4.

The Controller of Examination, B.N. Mandal University, Madhepura. 5.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 4400 of 2022 ====================================================== Sajda Parveen, Daughter of Md. Shafik Alam, Resident of Village - Jhitkiya, Ward No. 02, P.S. Singheshwar, Dist. - Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Vice Chancellor Bhupendra Narayan Mandal

20/49 University, Laloo Nagar, Madhepura.

2.

The Exam Controller, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

3.

The Registrar, Bhupendra Narayan Mandal University Laloo Nagar, Madhepura.

4.

The Principal, Women College Madhepura.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 4616 of 2022 ====================================================== Ganesh Kumar Prabhat @ Ganesh Chandra Prabhat Son of Domilal Mukhiya Resident of Village - Madhura, Ward No. 03, Police Station - Tharbitia, District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Vice Chancellor, Bhupendra Narayan mandal University Lallo Nagar Madhepura, District- Madhepura. 2.

The Exam Controller, Bhupendra Narayan Mandal University, Lallo Nagar, Madhupura, District- Madhepura.

3.

The Registrar, Bhupendra Narayan Mandal University, Madhepura, DistrictMadhepura. 4.

The Principal C.M. Science Degree College, Madhepura, DistrictMadhepura. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5569 of 2022 ====================================================== Taskina Khatun Daughter of Md. Kabiruddin Resident of Bidyanand Pur, Samaspur, Baidyanandpur Uttar Dinajpur, Goalpokhar-II, P.S.-Chakulia, District -Uttar Dinajpur, West Bengal-Pin 733208. ... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura through its Registrar.

2.

The Vice Chandellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

3.

The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

4.

The Controller of Examination, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

5.

The Principal, R.K.S.M. College, Kishanganj.

21/49 ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 5749 of 2022 ====================================================== Monika Kumari, Daughter of Sri Surendra Prasad, Resident of Ward No. 32, Puranigang, P.S. - Kasim Bazar, District - Munger. ... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura through its Registrar.

2.

The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

3.

The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

4.

The Controller of Examination, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

5.

The Principal, Ramesh Jha Mahila College, Saharsa. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 6379 of 2022 ====================================================== Ankita Kumari D/o Ashok Kumar Resident of Village- Baliya, Ward No.1, P.S.- Puraini, District- Madhepura.

... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University Laloo Nagar, DistrictMadhepura through its Registrar. 2.

The Vice Chancellor of the Bhupendra Narayan Mandal University, Laloo Nagar, District- Madhepura.

3.

The Registrar of the Bhupendra Narayan Mandal University, Laloo Nagar, District- Madhepura.

4.

The Examination Controller, Bhupendra Narayan Mandal University, Laloo Nagar, District- Madhepura.

5.

The Principal, H.S. College, Udakishunganj, District- Madhepura. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 7818 of 2022 ====================================================== Jyotsna Kumari W/o Deepak Kumar Jha, R/o Mohalla-Bindopur, P.S.-Katihar, District-Katihar.

22/49 ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary Education Department, Govt. of Bihar, Patna.

2.

The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

3.

The Examination Controller, Bhupendra Narayan Mandal University, Lalo Nagar, Madhepura.

4.

The Principal, Darshan Sah College, Katihar.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 13615 of 2022 ====================================================== 1.

Suman Kumar Son of Ramesh Paswan, resident of Mohalla-Virkhi, Ward No. 24, P.O., P.S. and District-Madhepura-852113. 2.

Md. Nasim Akhter, Son of Md. Abdul Mannan, Resident of Mohalla-T.V. Tower, P.O. and P.s. and District-Katihar-851513. 3.

Komal Kumari, Daughter of Shashi Bhushan Choudhary, resident of Village and P.O.-Kanhai Chouk, P.S.-Parbatta, District-Khagaria-851216. 4.

Khushbu Kumari, Daughter of Bhagirath Thakur, resident of Village-Virkhi, P.S.-Madhepura, District-Madhepura.

5.

Md. Kazi Quamuddin, Son of Md. Kazi Islamuddin, Resident of Village and P.O.-Purnagaj, P.S.-Baisi, District-Purnea-854317. 6.

Sneha Kumari, daughter of Dhanuk Lal Yadav, resident of C.M. Science College, P.O., P.S. and District-Madhepura.

7.

Babita Kumari, Daughter of Sadanand Sah, Wife of Sunil Kumar, resident of Mohalla-Azad Nagar, P.O., P.S. and District-Madhepura-852113. 8.

Bhagvandev Mukhiya, son of Chalitra Mukhiya, resident of VillageKalikapur, Ward No. 9, Lakshminia, P.s.-Balua Bazar, Block-Chhatapur, District-Supaul-854339.

9.

Sanjan Kumari, Daughter of Ram Kishore Mandal, wife of Manoj Mandal, Resident of Village-Ekdarha, P.O.-Gahumani, P.s.-Singheshwar, DistrictMadhepura-852128. 10.

Saguhfta Khatoon, Wife of Md. Amzad Ali, at Latambari, P.O.-Sahidganj, P.S.-Bhawanipur and District-Purnea-854204.

11.

Shubham Kumar, Son of Prafulla Kumar, resident of Village-Vutauli Malpa, Ward No. 18, P.S.-Choutham, District-Khagaria. 12.

Deo Krishna Kumar, Son of Upendra Prasad Yadav, Ward No. 15, Bela, P.O. and P.S.-Lokha, District-Supaul.

13.

Navita Kumari, Wife of Ranjan Kumar Yadav, resident of Ward No. 16, Fattapur, Main, P.S.-Sonbarsa Raj, Distirct-Saharsa-852129. 14.

Keshav Kumar Jha, Son of Gopoi Kant Jha, Vibha Niwas, Maithil Tola

23/49 Korath Bari, Madhubani, P.O., P.S. and District-Purnea-854901. 15.

Niraj Kumar, Son of Mahendra Mandal, resident of Village Laxmipur Vitha Barhar, P.O.-Bisharia Goth, P.S. -B. Kothi, Distirct-Purnea-854203. 16.

Vivek Kumar, son of Mani Kant Mandal, resident of Village Laxmipur Bitha, P.O.-Bisharia Goth, P.S.-B. Kothi, District-Purnea-854203. 17.

Arpana Kumari, Daughter of Kailash Prasad Yadav, resident of Ward No. 31, Prabhat Colony, Purnea-854301.

18.

Pappu Kumar, Wife of Bahadur Yadav, resident of Village and P.O.-Chithi, P.S.-Ghailarh, Via-Panchgachhia, District-Madhepura-852124. 19.

Shimpy Kumari, Wife of Raj Kumar Sah, resident of Ward No. 7, P.O. and P.S.-Sour Bazar, District-Saharsa-852221.

20.

Bibhash Kumar, Son of Kanchan Kumar, resident of Ward No. 9, Purwaha, P.O. and P.s. and District-Araria-854318.

21.

Sadique Alam , son of Md. Salimuddin, resident of Village-Muniyatari, Bhogdaber, Ward No. 3, P.O., P.S. Thakaurganj, District-Kishanganj-855116. 22.

Sanjeev Kumar, Son of Dinesh Pd. Yadav, Ward No. 5, Resident of Village, P.O.-Gadhiya Balam, P.s. and District-Madhepura-852121. 23.

Sabita Kumari, Wife of Kailash Sah, resident of Village-Pantpur, Ward No. 10, P.s.-Patarghat, District-Saharsa, 852107. 24.

Sapna Kumari, Wife of Chankya Kumar, daughter of Hari Prasad Paswan, resident of Khivadih, P.O.-Dumariya Bazar, P.s.-Parbatta, District-Khagaria851216. ... ... Petitioner/s

Versus

1.

The Vice Chancellor B.N. Mandal University Laloo Nagar, Madhepura. 2.

The Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 3.

The Examination Controller, B.N. Mandal University, Laloo Nagar, Madhepura.

4.

The Principal, B.N. Mandal College, University, Laloo Nagar, Madhepura. 5.

The Principal, R.D.S. College, Salmani, Katihar. 6.

The Principal, Madhepura College, Madhepura.

7.

The Principal, National Degree College, Rambag, Purnea. 8.

The Principal, C.M.S.C. College, Madhepura.

9.

The Principal, Rajendra Mishra College, Saharsa. 10.

The Principal, Purnea College, Purnea.

11.

The Principal, Farbishganj College, Purnea.

12.

The Principal, R.M. College, Saharsa.

13.

The Principal, B.N.M.U. College Sahugarh, Madhepura. ... ... Respondent/s ======================================================

24/49 with Civil Writ Jurisdiction Case No. 14871 of 2022 ====================================================== Archana Kumari Daughter of Sri Binoda Nand Bimal, Resident of -Ward No. 13, Naya Nagar, P.S.-Supaul, District-Supaul. ... ... Petitioner/s

Versus

1.

The Bhupendra Narayan Mandal University Laloo Nagar, Madhepura, through its Registrar.

2.

The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

3.

The Registrar, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

4.

The Controller of Examination, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura.

5.

The Principal, S.N.S. Mahila College, Supaul. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 15896 of 2022 ====================================================== Md. Kasid Alam Son of Md. Minhaj Alam, resident of village - Sitalmani, P.O. - Azamnagar, Police Station - Azamnagar, District - Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar.

2.

The Vice Chancellor, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura (Bihar).

3.

The Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, Bihar through its Registrar.

4.

The Controller of Examination, Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura, Bihar.

... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 8271 of 2021) For the Petitioner/s :

Mr. Binodanand Mishra, Advocate Mr. Gunjan Kumar Jha, Advocate For the University :

Mr. Ritesh Kumar, Advocate For the Respondent/s :

Mr. Sarvesh Kumar Singh, APP (In Civil Writ Jurisdiction Case No. 10252 of 2012) For the Petitioner/s :

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

Mr. Arbind Kumar, Advocate

25/49 (In Civil Writ Jurisdiction Case No. 13379 of 2018) For the Petitioner/s :

Mr. Devi Das Srivastava, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 22992 of 2018) For the Petitioner/s :

Mr. Sumit Kumar Jha, Advocate For the Respondent/s :

Mr. Jitendra Kr. Roy 1, Advocate (In Civil Writ Jurisdiction Case No. 14326 of 2019) For the Petitioner/s :

Mr. Rajnish Kumar Choubey, Advocate For the Respondent/s :

Mr. Madhaw Prasad Yadav, GP-23 (In Civil Writ Jurisdiction Case No. 17350 of 2019) For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 20754 of 2019) For the Petitioner/s :

Mr. Raghav Prasad No.1, Advocate For the State :

Mr. Apurva Kumar, Advocate (In Civil Writ Jurisdiction Case No. 23017 of 2019) For the Petitioner/s :

Mr. Suresh Prasad Sah @ Baranwal, Advocate For the Respondent/s :

Mr. Shilpa Singh, GA-12 (In Civil Writ Jurisdiction Case No. 24625 of 2019) For the Petitioner/s :

Mr. Rashid Izhar, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 24828 of 2019) For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Respondent/s :

Mr. Prabhakar Jha, GP-27 (In Civil Writ Jurisdiction Case No. 25306 of 2019) For the Petitioner/s :

Dr. Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 2813 of 2020) For the Petitioner/s :

Mr. Binodanand Mishra, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 3235 of 2020) For the Petitioner/s :

Mr. Manish Kumar, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 4677 of 2020) For the Petitioner/s :

Mr. Indrajesh Kumar, Advocate For the Respondent/s :

Mr. Kameshwar Kumar, GP-17 (In Civil Writ Jurisdiction Case No. 6467 of 2020) For the Petitioner/s :

Mr. Baleshwar Kamat For the Respondent/s :

Smt. Shilpa Singh, GA-12 (In Civil Writ Jurisdiction Case No. 48 of 2021) For the Petitioner/s :

Mr. Jibendra Mishra, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 4118 of 2021) For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Respondent/s :

Mr. AG (In Civil Writ Jurisdiction Case No. 6568 of 2021) For the Petitioner/s :

Mr. Surya Narayan Yadav, Advocate For the Respondent/s :

Mr. AG (In Civil Writ Jurisdiction Case No. 6716 of 2021) For the Petitioner/s :

Mr. Amrit Abhijat, Advocate

26/49 For the Respondent/s :

Mr. AG (In Civil Writ Jurisdiction Case No. 7683 of 2021) For the Petitioner/s :

Mr. Kumar Ravi Shankar, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 9920 of 2021) For the Petitioner/s :

Mr. Rajesh Mohan, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 11489 of 2021) For the Petitioner/s :

Mr. Tapeshwar Sharma, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 14509 of 2021) For the Petitioner/s :

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

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 14863 of 2021) For the Petitioner/s :

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

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 14902 of 2021) For the Petitioner/s :

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

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 17183 of 2021) For the Petitioner/s :

Md. Ziaul Quamar, Advocate For the Respondent/s :

Mr. AG (In Civil Writ Jurisdiction Case No. 17203 of 2021) For the Petitioner/s :

Mr. Sarangdhar Jha, Advocate For the Respondent/s :

Mr. Jitendra Kr. Roy 1, SC-13 (In Civil Writ Jurisdiction Case No. 17668 of 2021) For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the State :

Mr. Madhaw Prasad Yadaw, GP. 23 Mr. Rajesh Kumar Sinha, AC to GP-23 (In Civil Writ Jurisdiction Case No. 17982 of 2021) For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s :

Smt. Binita Singh, SC-28 (In Civil Writ Jurisdiction Case No. 18300 of 2021) For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Respondent/s :

Mr. Subash Chandra Mishra, SC-16 (In Civil Writ Jurisdiction Case No. 18556 of 2021) For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Respondent/s :

Mr. AG (In Civil Writ Jurisdiction Case No. 19778 of 2021) For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Respondent/s :

Mr. Prabhakar Jha, GP-27 (In Civil Writ Jurisdiction Case No. 20061 of 2021) For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 20226 of 2021) For the Petitioner/s :

Mr. Sanjeet Kumar, Advocate For the Respondent/s :

Mr. Jitendra Kumar Roy 1, SC-13 (In Civil Writ Jurisdiction Case No. 20301 of 2021) For the Petitioner/s :

Mr. Kumar Ravi Shankar, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate

27/49 (In Civil Writ Jurisdiction Case No. 20590 of 2021) For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the State :

Mr.Madhaw Prasad Yadaw, GP. 23 Mr. Rajesh Kumar Sinha, AC to GP-23 (In Civil Writ Jurisdiction Case No. 20738 of 2021) For the Petitioner/s :

Mr. Binodanand Mishra, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 1589 of 2022) For the Petitioner/s :

Mr. Prem Chand Yadav, Advocate For the Respondent/s :

Mr. Jitendra Kr. Roy 1, SC-13 (In Civil Writ Jurisdiction Case No. 4196 of 2022) For the Petitioner/s :

Mr. Ravi Prakash Dwivedi, Advocate For the State :

Mr. Madhaw Prasad Yadaw, GP. 23 Mr. Rajesh Kumar Sinha, AC to GP-23 (In Civil Writ Jurisdiction Case No. 4400 of 2022) For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 4616 of 2022) For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate Mr. Raja Surendra Mohan, Advocate For the Respondent/s :

Mr. Lalit Kishore ( Ag ) (In Civil Writ Jurisdiction Case No. 5569 of 2022) For the Petitioner/s :

Mr. Shivam, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 5749 of 2022) For the Petitioner/s :

Mr. Shivam, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 6379 of 2022) For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 7818 of 2022) For the Petitioner/s :

Mr. Bal Krishna Mishra, Advocate For the State :

Mr. Madhaw Prasad Yadaw, GP. 23 Mr. Rajesh Kumar Sinha, AC to GP-23 (In Civil Writ Jurisdiction Case No. 13615 of 2022) For the Petitioner/s :

Mr. Kumar Ravi Shankar, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 14871 of 2022) For the Petitioner/s :

Mr. Deeksha Singh, Advocate For the Respondent/s :

Mr. Ritesh Kumar, Advocate (In Civil Writ Jurisdiction Case No. 15896 of 2022) For the Petitioner/s :

Md. Rahmatullah, Advocate For the Respondent/s :

Mr. Subhash Chandra Mishra, ASC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE NANI TAGIA

28/49 and HONOURABLE MR. JUSTICE PARTHA SARTHY C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 28-06-2024 1.

A Batch of writ petitions of students of B.N. Mandal University (herein after referred to as University) had come up before a learned Single Judge of this Court, seeking a direction to the University to publish their results. Their results had been withheld for a variety of reasons; but primarily on the ground that they had not passed in the respective subjects within three consecutive examination.

2.

The learned Single Judge examined Regulations 7 and 8 of the Regulation for Bachelor of Arts (General/Honors) Examination (three year degree course). The relevant Regulation Nos. 7 and 8 are being extracted here for ready reference and completeness.

"7.1 There shall be University examination at

29/49 the end of the first, the second and the third years of study to be known respectively as the B.A. (General/Honours) Part I Part II and Part III examination. No student shall be admitted to the B.A. (General) or B.A. (Honours) Part II class unless he has passed the B.A. (General) or B.A. (Honours) Part I examination and to the Part III class unless he has passed the Part II examination.

Provided that if a student fails in, or fails to appear at, not more than two subjects at the B.A. (General/Honours) Part I/II examination he shall be promoted to the next higher class but he shall not be eligible for admission to the B.A. (General) or B.A. (Honours) Part III class unless he has passed the B.A. (General) or В.А. (Honours) Part I examination in the subject/subjects concerned. Provided further that this facility for appearing in such carry over subject/subjects shall be available to a student at not more than three consecutive examinations.

7.2 If a student of the B.A. (Honours) course, after having passed the BA (Honours) Part 1 examination does not like to continue with the Honours course it shall be permissible for him to change over to the B. A. (General Course, in which case he shall be admitted to the B.A. (General) PartII class and his honors and subsidiary subjects shall become his optional subjects and the marks secured in those subjects at the B.A. (Honours) examination shall be treated accordingly. Provided that the average of the marks secured in the Honours papers shall be treated as the marks secured in that optional subject.

30/49

8. Any registered student of the University may be admitted to the B.A. (General/Honours) Part 1, Part II or Part III examination if he produce a certificate from the Principal of a college of (a) good conduct (b) completion of regular course of study in the college by fulfillment of the prescribed requirement of attendance at lectures, tutorials and/or practical's and by satisfactory record of tutorial and/or practical and by satisfactory record of tutorial and/or practical work and (c) having passed the college test or any other equivalent examination, for making him eligible for the University examination.

Provided that a candidate who has failed at any of these examinations or having completed the regular course of study by fulfilling all the requirements is prevented from appearing at the examination for reasons accepted as adequate by the Principal of the college and who has not joined a college again, may appear as a non-collegiate student at and up to three immediately following examinations without attendance at lectures and tutorials if he produces a certificate from the Principal of the college where he completed his regular course of study stating that nothing is known to the Principal against his moral character, and if such a candidate has offered any subject or subjects for which a practical examination is prescribed, other than Music and Home Science, also a certificate of having taken again a course of practical work at the college in each such subject for at least, 16 periods, along with his application for admission to the examination.

31/49 Provided further that if a candidate for the B.A. (General/Honours) Part III examination has passed in other subjects/subjects and failed to pass only in General Studies he shall have the option to appear in that single subject at the next examination, and if he passes therein it shall be taken into consideration in determination of his results".

3.

The learned Single Judge noticed that there were divergence of opinion of different Benches in dealing with such matters. In some of the cases, the Bench had directed for publication of the result on the grounds of expediency and career of the students whereas, some of the Benches had held that no such direction could be given to the University in contravention of the Rules made for the purposes of examination.

4.

Hence, the matter was referred to a larger Bench for settling the issue.

5.

The Regulations 7 and 8 specify that there shall be a University Examination at the end of the first, second and the third years of the course. A student shall be admitted to part-II only after he

32/49 clears part-I examination and he shall be admitted to part-III, if he has passed the part-II examination.

6.

In case of a student not appearing at or failing in not more than two subjects in Part-I and II, he would be permitted to the next higher class but shall not be admitted to Part-III, unless he passes the Part-I examination of the subject concerned.

7.

A cap of 3 years has been provided in the rules for the maximum number of times that a student could reappear in a paper. The rules provide that the facility for appearing in carry over subject/subjects would be available to a student at not more than three consecutive examinations. 8.

Rule- 8 further provides that any registered student of the University could be admitted to B.A. Part-I, Part-II or Part-III examination, if he would produce a certificate from the Principal of the

33/49 college of (a) good conduct; (b) completion of regular course study in the college with required attendance ; and (c) of having passed the college test, making him eligible for the University examination.

9.

In case of such a contingency where a candidate would be prevented from appearing in an examination for adequate reasons, the adequacy of which shall be adjudged by the Principal of the college, he would be allowed to appear as a noncollegiate student at and up to three immediately following examinations, without attendance at lectures and tutorials, if he would produce a certificate from the Principal of the college, where he completed his regular course, regarding his good moral character.

10.

A conjoint reading of Regulation 7 and 8 clearly specifies that a student has to pass in all the three years but he could be promoted to the

34/49 higher class, subject to his ultimately passing in earlier part. Regulation No. 8 provides the manner in which he would be admitted to a higher class. 11.

A composite reading of Regulation 7 and 8 thus clarifies that a student is required to pass in the carry-over subjects in three consecutive examinations.

12.

Most of the writ-petitioners before the learned Single Judge had passed the examination but not within the prescribed time limit or the number of attempts available, viz., three consecutive examinations. Precisely for that reason, viz., the breach of the condition in regulation 7 and 8, their results were withheld by the University.

13.

We have, for the present purpose, not gone into the details of the facts of cases of the respective writ petitioners.

14.

On behalf of the writ

35/49 petitioners/students, it has been contended that once admit-card was issued to a student, who appeared in the examination and was successful, the result cannot be withheld only for the reason that such student had not passed within the three consecutive years of his having failed in a particular year.

15.

The grant of admit-card and the University allowing the student to appear in the examination only signified that such regulation has been waived in favour of the student by the University.

16.

Apart from this, it was urged on behalf of the students that not publishing the results of such students would tantamount to spoiling their career and also disturbing the academic environment in the University and in the respective Colleges affiliated with the University.

17.

The refrain of the University, in

36/49 general, has been that the Regulations of the University are required to be followed. If any method or manner is prescribed in which examinations are to be conducted, it cannot be given a go-by and the University be asked to publish the results of such students, merely on the ground that the student had successfully appeared in the examination.

18.

In some of the judgements (refer to Sunil Kumar v. B.N. Mandal University and Others; 2020 (4) PLJR 129; Mihir Kumar Jha v. B.N. Mandal University and Others (LPA NO. 904 of 2014); Mihir Kumar Jha v. B.N.

Mandal University and Others (CWJC No.

21660 of 2013); Sima Bharti vs. State of Bihar and Others (CWJC No. 4605 of 2018), it has been held that a Court of law would not exercise its extraordinary discretion by ignoring the regulation and rules of the University and thereby

37/49 destroying its academic standard.

19.

Regulation- 7.1 of the University mandates that a candidate must pass Part-III of the course in three consecutive examinations and no further chance could be availed. Even when a student is facilitated in appearing in the examination by a College in which he was enrolled, that would not put the University on any bind for not withholding the result; as issuance of the result would be in violation and breach of the rules made in that regard.

20.

Some of the decisions reflected a contrarian opinion of the Benches by which the University was directed to publish the result. (refer to B.N. Mandal University and others vs. Amit Pratap Roy and Others (LPA No. 1702 of 2015); Lovely Kumari v B.N. Mandal University and Other: 2004 (2) PLJR 519, Akhtar Imam v.

B.N. Mandal University and Others; 2002 (3)

38/49 BLJR 1847 ).

21.

The learned Advocates appearing for the students have laid great stress on the judgment of the Supreme Court in Shri Krishan v. Kuruksheta University, Kurukshetra; AIR 1976 (SC) 376. In that case, a Government Teacher had joined the Law course in the University, where taking up of such course by people in service and attending the classes in the evening was facilitated.

22.

According to the statute of the University, a student of the faculty of law was given an option to clear certain subjects in which he may have failed at one of the examinations before completing the three years course. The candidate, in his first year, had failed in three subjects, but he was promoted to Part-II of the course. He was not given his Roll number, which would have prevented him from re-appearing in

39/49 the subjects in which he had failed. This was seen as refusal of the University to permit him to write the examination.

23.

Shortly after that, he was made accused in a criminal case in which he was later acquitted and was also reinstated in his employment. He had given an undertaking that if he were not allowed by his employer to join the law classes, he would abide by any order that the university may pass. On the basis of such undertaking, he was allowed to appear in part -II examination. However, he reneged from such undertaking, calling it unnecessary, and wanted the results to be published. However, the University informed him that he did not have the requisite percentage in part -I course and, therefore, his candidature was cancelled.

24.

The University had taken the stand that the applicant was involved in a criminal case and,

40/49 therefore, the Head of the Institution did not give him the certificate that he bore a good moral character and that the student was also short of the requisite percentage in LLB Part -I course. 25.

The Supreme Court after going through the statutes and the facts of the case found that the University could withdraw the certificate, if the applicant had failed to attend the prescribed course of lecture. However, this could be done only before the examination. It was thus clear that once the student was allowed to take the examination, rightly or wrongly, the statute which empowered the University to withdraw the candidature had worked itself out and the student could not be refused admission subsequently for any infirmity, which should have been looked into before permitting the student to appear in the examination. The logic behind the afore-noted view was that it was the duty of the University

41/49 authorities to scrutinize the forms in order to find out whether everything was in order. Equally, it was the duty of the Head of the department of Law, before submitting the forms to the University, to see that the forms complied with all the requirements of the course. If neither the HOD nor the University authorities took care to scrutinize the admission forms, the blame could not have been put on the student. It was thus held that the University authorities would be deemed to have acquiesced to the infirmities in the admission form and the student ought not to be allowed to suffer.

26.

Deriving clue from the afore-noted judgment, the students urged that in any case, proper scrutiny was required to be made by the College/University authorities and if a student was permitted to appear in an examination beyond three consecutive years, it would only have meant

42/49 the acquiescence of the University and in that case, the University could not have withheld the publication of result of such student.

27.

In Rajendra Prasad Mathur v Karnataka University ; 1986 Supreme Court 1448, which dealt with the case of students of Engineering Colleges, the Supreme Court noted that the blame for any wrongful admission in the College could not be put on the students but on the College Administration; the students ought not to be put in any difficult circumstance. A student ought not to suffer for the "lapses" or "sins" of the management of the Engineering Colleges.

28.

Similar views were expressed in A.

Sudha v. University of Mysore; AIR 1987 (SC) 2305 and Sanatan Gauda v. Berhampur University ; AIR 1990 (SC) 1075.

29.

In Sanatan Gauda (Supra), the Supreme Court was of the view that the University

43/49 was estopped from refusing to declare the results or preventing the student from pursuing his final year course, if admission card was granted and the student was permitted to appear in the said examination. One of the Hon'ble Judges of the Bench while delivering a concurring judgement observed as follows:

"Before parting, I would like to impress upon the University authorities to frame the rules in such clear terms that it may not require great skill for understanding them. It is a serious matter if a student who acts upon one interpretation of the rule and spends a considerable period of his youth is later threatened by a possible alternative construction, which may cost him several years of his life. In order to achieve clarity, it does not matter, if the rule

44/49 instead of being concise is elaborate and lengthy".

30.

In all the aforenoted cases, the University had allowed the students to appear in the examination. In that event, it has been argued, the University was precluded from withholding the result.

31.

The only possible explanation for such view appears to be the career of the students as also the inaction or incompetence of the University authorities in not cross-checking the information regarding the eligibility of a student before issuing respective admit cards and permitting the students to write the examination.

32.

Mr. Ritesh Kumar, the learned Advocate for B.N. Mandal University has vehemently argued that the University ought not to be asked to relax its rules. Many a times, respective constituent colleges themselves process the forms and it is

45/49 impossible for the University to cross-check whether a student has been permitted to appear in the examination beyond three consecutive examinations held for the subject. It was only when such a breach was detected, the results were withheld. The University which is the authority to publish the result cannot squarely be blamed for faulty issuance of admit cards to students to appear in any examination. The regulation is very clear in its import. It may not be very happily worded but with respect to the cap of maximum number of years which a student may take for clearing the entire examination of a course has been fixed at three years. This by no means is any small relaxation. If the University would be asked to publish the results of such persons who have been successful in the examination but only after three consecutive years, it would lead to chaos in the University campus and would also be unfair to

46/49 students whose results were not published on this ground in the past. There cannot be any estoppel against a statute or a regulation.

33.

After having heard the learned counsel for the parties, we are of the view that a regulation made by the University cannot be bypassed or ignored. True it is that in such an event, career of a student might get spoilt if his result is not published, but then there is no justification for giving premium to poor performance in the examination or laxity of a student in taking many and number of years to clear the respective parts of the course. B.A. Honours is designed as a three years course. It would bring about an anomalous scenario if a student would be permitted to pass B.A. Honours and B.A. General over an unusually long period of time. Merely because the career of a student would get a jolt, that cannot be any reason for allowing any more relaxation than what has

47/49 already been prescribed.

34.

After having said that, we are of the view that such students who did not pass in the respective papers in which they failed in three consecutive years or did not appear for three consecutive years, they ought not to have been permitted to appear in the examination in the first instance. This verification exercise should have been done by the Colleges and the University. Allowing a student to appear in the examination after giving him admit card would, in usual parlance, mean that the delay has been condoned by the University, regardless of the fact that there is no such provision for condonation of such delays in passing of the examination.

35.

A regulation framed by the University has to be followed.

36.

However, considering the career of the students and taking into account that an expansive

48/49 and liberal interpretation has been given by the Supreme Court in a number of cases, specially when it concerned the students pursuing a regular course /vocational course, we deem it appropriate to settle the issue by holding that henceforth, Admit cards and permission to appear in the examination shall be given to the students only after full verification whether they are eligible for writing the examination.

37.

However, regard being had to some uncertainty that a student might have faced when he was permitted to appear in the examination beyond the mandate of the regulation and he became successful, we deem it appropriate to remit the individual cases to the University, for them to hear out the petitioners and give them a further relaxation of three more years, but only subject to the condition that there was no wrong representation or fraud on their part. This would

49/49 only be limited to the writ petitioners and shall not be followed in rem.

38.

This shall not be taken as any precedent.

39.

The colleges and the University shall henceforth be careful in issuance of Admit Cards to the students and for any breach of rules, it shall be the college and the University which shall be held accountable for the same.

40.

With the afore-noted observations and directions, the respective writ petitions are also disposed off for the writ petitioners to approach the concerned University for the needful.

(Ashutosh Kumar, J) Nani Tagia, J:

(Nani Tagia, J) Partha Sarthy, J:

(Partha Sarthy, J) Sunilkumar/ manojAFR/NAFR NAFR CAV DATE 29.03.2024 Uploading Date 28.06.2024 Transmission Date 28.06.2024