Dr. Santosh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20814 of 2018 ====================================================== Dr. Santosh Kumar Son of Late Suresh Prasad, Residernt of Mohalla-Bahuar Choura,Post-Head Post Office Gaya,P.S. Vishnupad Distt.-Gaya (Bihar)823001 ... ... Petitioner/s

Versus

1. The State of Bihar Through the Principal Secretary,Education Dpeartment,Government of Bihar,New Secretariat (Bikas Bhawan),Patna

2. The Principal Secretary,Eucation Department,Government of Bihar,New Secretariat (Bikas Bhawan),Patna

3. The Chanceloor,Universities of Bihar,Governor's Secretariat,,Governor House,Patna through Principal Secretary to Governor,Raj Bhawan,Patna

4. Nalanda Open University,cum-State Nodal Officer,Combined Entrance Test (Get),3rd. Floor,Biscoman Bhawan,Gandhi Maidan Patna 800001.Bihar

5. The Registrar-cum-State Nodal Officer,Nalanda Open University,cum-Statyer Nodal Officer,lCombined Entrance Test (CET),3rd Floor,Biscoman Bhawan,Gandhi Maidan Patna 800001.Patrna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S.N.Pathak Mr.Prashant Kumar For the Respondent/s :

Mr. Smt. Binita Singh - SC-28 For Chancellor : Mr. Rajendra Kumari Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-11-2018 This writ application has been filed seeking following relief (s):- "(i) Issuance of an appropriate direction, order or writ including writ in the nature of mandamus commanding the concerned respondents authorities to pay adequate compensation to the petitioner in view of order dated 20.09.2018 of the Hon'ble Supreme Court passed in . © No. 1091/2018 (Chandragupta Maurya College of Education Vs. National Council for Teachers Education & Anr) since the petitioner being student sought admission for the B.Ed ( 2 years

Patna High Court CWJC No.20814 of 2018(4) dt.28-11-2018 2/2 Course) after successfully qualifying in Combined Entrance Test (CET) for academic session 2018-20 from the merit list prepared by the Respondents have deprived him of getting admission to the B.Ed Course (2 years). The petitioner has been deprived from getting admission even though there has been no latches on his part and his entire academic year is at stake".

On going through pleadings on record, I find that the petitioner has not stated the actual damage caused to him because of the inaction of the respondents as alleged. In any view of the matter, in the present proceeding under Article 226 of the Constitution of India, the relief of payment of adequate compensation cannot be entertained. This application has no merit and is, accordingly, dismissed.

The petitioner shall, however, be at liberty to file a suit for the relief which he is seeking in the present application. (Chakradhari Sharan Singh, J) arun/- U