Amitanshu Shekhar v. The Vice Chancellor, Patna University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13471 of 2018 ====================================================== Amitanshu Shekhar, Son of Narendra Prasad, Resident of House No. 270, Shanti Niketan Coloney, Gola Road, P.S.- Rupaspur, Dist.- Patna. ... ... Petitioner

Versus

1. The Vice Chancellor, Patna University, Patna.

2. The Registrar, Patna University, Patna.

3. The Head of the Department of English, Post Graduate Department, Darbhanga House, Patna University.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Alok Kumar Choudhary, Advocate Mr. Nagendra Kumar, Advocate For the Respondents :

Mr. Digvijay Singh, Advocate Mr. B.J.Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 17-07-2018 The petitioner is an applicant for admission in M.A. English course in Patna University. For the said admission, the applicants were required to apply online. The petitioner had accordingly applied. Based on his merit, he has been selected for admission. He is being, however, denied admission on the ground that while making his online application, he had not paid the requisite fee online.

Learned counsel appearing on behalf of the petitioner submits that his application was accepted by the Patna University and, may be, because of technical fault, the fee paid online could not be credited in the University's account. He submits that the

Patna High Court CWJC No.13471 of 2018 dt.17-07-2018 2/2 petitioner was under bonafide belief that the fee, which he intended to deposit online, had been credited in University's fund. Learned counsel appearing on behalf of the University submits that the petitioner cannot claim, as of right, his admission in M.A. course in view of the admitted fact that application fee was not deposited by him. He, however, informs that certain seats are still vacant in the said course in Patna University. In my view, it is mere technicality on which the petitioner is being denied admission, though seats are still available in the said course in Patna University.

In the peculiar facts and circumstances of the present case, as noted above, I dispose of this writ application with the direction to the Vice Chancellor, Patna University, to ensure that if the petitioner is otherwise eligible and approaches the Registrar of the University by tomorrow, he should be allowed admission in M.A. English course upon payment of not only the admission fee but also the application fee, which somehow or the other has remained unpaid. This writ application stands disposed of.

(Chakradhari Sharan Singh, J) Pawan-Ragini AFR/NAFR N.A.F.R.

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