Patna High Court
Babita Kumari vs The State Of Bihar on 17 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22174 of 2019
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Babita Kumari, W/o Sri Sanjay Kumar, R/o Village-Moujampur, P.S.-
Sangrampur, District-Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Principal Secretary, Education Department, Government of Bihar,
Patna.
3. The Director, Higher Education, Government of Bihar, Patna.
4. The Tilka Manjhi Bhagalpur University, Bhagalpur, District-Bhagalpur
through its Registrar.
5. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur,
District-Bhagalpur.
6. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur, District-
Bhagalpur.
7. The Controller of Examination, Tilka Manjhi Bhagalpur University,
Bhagalpur, District-Bhagalpur.
8. The Mahatma Gandhi Shikshak Prashikshan Mahavidyalay, Mukti Niketan,
Katoria, P.S.-Katoria, District-Banka, through its Secretary,
9. The Director, Mahatma Gandhi Shikshak Prashikshan Mahavidyalay, Mukti
Niketan, Katoria, P.S.-Katoria, District-Banka.
10. The Secretary, Mahatma Gandhi Shikshak Prashikshan Mahavidyalay, Mukti
Niketan, Katoria, P.S.-Katoria, District-Banka.
11. The Principal, Mahatma Gandhi Shikshak Prashikshan Mahavidyalay, Mukti
Niketan, Katoria, P.S.-Katoria, District-Banka.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate
For the University : Mr. Ritesh Kumar, Advocate
For the State : Mr. Priyadarshi Matri Sharan, AC to AAG 15
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 17-11-2021
In the instant petition petitioner has prayed for following
relief/reliefs:
Patna High Court CWJC No.22174 of 2019 dt.17-11-2021
"The petitioner craves indulgence of this
Hon'ble Court for issuance of a writ in the nature of
Mandamus or any other appropriate
writ/order/direction to the respondents especially to
the Tilka Manjhi Bhagalpur University to Publish the
result of Bachelor of Education (B.Ed.) Final
Examination-2017 and accordingly to issue the Mark
Sheet and Certificate to the Petitioner.
And/Or
For any other relief(s) as Your Lordships may
deem fit and proper as per the facts and circumstances
of this case."
The respondents in their counter affidavit at paragraph
Nos. 5 and 6 stated as under:
"At the outset it is respectfully stated and
submitted that the result of the petitioner has not been
published due to fact that she appeared in the
examination beyond the relevant regulation of
bachelor of education program. As per clause 4.6 of
the examination regulation a candidate having
completed the course fails to appear at the
examination or fails to pass the examination shall be
allowed to take subsequent examination on payment of
prescribed examination fee. In the regulation it has
specifically been mentioned that this opportunity of
appearing in the Examination shall be given only in
one examination, that too within a period not
exceeding three years from the date of admission.
It is respectfully stated and submitted that as
appears from the records the petitioner had appeared
in the 2nd year examination held in the year 2017 but
she did not appear in one subject i.e. C-10 paper on
Patna High Court CWJC No.22174 of 2019 dt.17-11-2021
account of her illness, therefore she was declared
fail."
The learned counsel for the respondents University has
pointed out from the regulation governing the Bachelor of
Education (B.Ed.) programme. He has also highlighted
paragraph Nos. 4 and 6 and the petitioner do not fulfill the
requisite condition of the aforesaid regulations.
No doubt the petitioner was ineligible to participate in the
process of examination having regard to the aforesaid factual
aspect stated in the regulation read with the fact that the
petitioner was ineligible. However, both the College and the
University permitted the petitioner to participate in the process
of examination and result of the examination has been withheld
with reference to the regulation and the fact that petitioner was
ineligible to participate in the process of examination. For no
default on the part of the petitioner, the petitioner shall not be
penalized in not announcing the result. The respondent
University/College should have taken necessary steps to reject
the petitioner's admission for writing examination/process of
examination at the threshold if she is otherwise ineligible to
participate in the process of examination. The petitioner had
already participated in the process of examination, no doubt
regulation do not provide for relaxation. One cannot ignore the
conduct of the College and the University in permitting the
Patna High Court CWJC No.22174 of 2019 dt.17-11-2021
petitioner to participate in the process of examination. Thus they
were estopped.
The learned counsel for the University submitted that in
identical matters this court has taken note of the relevant
regulations and rejected the petition. No doubt the petitioner has
no merit at the same time having regard to the conduct of the
College and the University in permitting the petitioner to
participate in the process of examination at the fag end of the
academic year denying in not announcing the result would be
too harsh. In fact, the College and the University must
encourage students to acquire educational qualification.
Therefore, the College and the University are hereby directed to
redress the grievance of the petitioner within four weeks from
the date of receipt of this order in announcing the result and
issuance of certificate on sympathetic ground.
The writ petition Stands allowed.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
