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Patna High CourtL.P.A/722/2018disposed

Surya Prakash Singh v. The State Of Bihar And ORS

2018-07-05Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.722 of 2018 In Civil Writ Jurisdiction Case No.7738 of 2017 ====================================================== Surya Prakash Singh, son of Brij Bihari Singh, resident of Village- Tilai, Police Station- Nokha, District- Rohtas (Sasaram). ... ... Appellant/s

Versus

1. The State of Bihar through Principal Secretary, Raj Bhawan, Patna, Education Department.

2. The Vice Chancellor, Veer Kunwar Singh University, Ara.

3. The Registrar, Veer Kunwar Singh University, Ara.

4. The Controller of Examination, Veer Kunwar Singh University, Ara.

5. The Director, Department of Bio- Technology, Veer Kunwar Singh University, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Jitendra Kumar Roy, Advocate For the State :

Mr. Ashutosh Ranjan Pandey -AAG 15 For the University :

Mr. P. K. Verma, Senior Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-07-2018 During the course of hearing of the matter, Sri P. K. Verma, learned Senior Counsel, appearing for the University, fairly stated that the University has taken steps for regularising the course conducted by the appellant, regulations have been framed, the approval of the appropriate syndicate or committee of the University as per statute has been obtained and the matter now is pending before the Chancellor and the moment the approval of the Chancellor is received, the certificate to the appellant shall be issued.

That being so, we, for the present, see no reason to make any indulgence in the matter. The University may proceed

Patna High Court LPA No.722 of 2018(2) dt.05-07-2018 2/2 with the matter and, in case, any difficulty arises in issuance of the certificate to the appellant, the appellant would have liberty to seek reopening of the issue in question by filing an appropriate application for recall of this order and restoration of the LPA.

For the present, keeping in view the statement made by Sri P. K. Verma, learned Senior Counsel, appearing for the University, we dispose of the matter with a request to the University to ensure that the process, as indicated before us, is completed and final decision taken within a reasonable period of sixty days from the date of receipt of a copy of this order. In view of the fair statement made by Sri P. K. Verma, learned Senior Counsel, appearing for the University and the action taken by the University, the direction for paying the cost, compensation and refund of fee, as indicated in the order passed by the learned Single Judge, for the present, shall stand set aside.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U