Patna High Court
Ayushi Singh vs The State Of Bihar on 30 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15429 of 2021
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Ayushi Singh, Daughter of Raju Kumar, Resident of Village - Naya Tola
Sabnima, Athmalgola, Police Station - Athmalgola, District - Patna, under the
guardianship of her father namely Raju Kumar, Male, aged about 45 years,
Resident of Village - Naya Tola Sabnima, Athmalgola, Police Station -
Athmalgola, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Bihar, Patna.
2. The Director, Secondary Education, Education Department, Bihar, Patna.
3. Patliputra University, Old Bypass, Kankarbagh, Patna through its Vice -
Chancellor.
4. Bihar School Examination Board, Patna, Bihar, through its Chairman.
5. Ram Lakhan Singh Yadav College, Bakhtiyarpur, Patna (A constituent unit
of Patliputra University, Patna) through its Principal.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Parijat Saurav, Adv.
For the Respondent/s : Mr. Prabhakar Jha, (Gp27)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 30-11-2021
Heard the parties.
2. In the instant petition, the petitioner has prayed for the
following relief:
"(i). For issuance of writ in
the nature of Mandamus or any other
appropriate writ or order, commanding
the respondents to allow the petitioner to
fill her examination application form for
the session 2020-22 for intermediate in
science (Class XII) from the Ram Lakhan
Singh Yadav College, Bakhtiyarpur,
Patna (A constituent unit of Patliputra
University, Patna) and appear in the
intermediate in science (I.Sc.)
examination (Class XII) conducted by
Patna High Court CWJC No.15429 of 2021 dt.30-11-2021
Bihar School Examination Board, Patna,
Bihar, which is being denied to the
petitioner despite her admission with the
college.
(ii). For issuance of interim
order during the pendency of the present
writ application, directing the
respondents to allow the petitioner to fill
the examination form and appear in the
I.Sc. Examination in the 2020-22 session,
subject to outcome of the present case.
(iii). For issuance of any other
appropriate writ, order or direction
which your Lordships may deem fit and
proper in the facts and circumstances of
the case."
2. During the pendency of the petition the respondent
have passed an order on 20th November 2021 and it was
communicated to the petitioner. Petitioners grievance has been
turned down. In the light of the aforesaid development the present
petition stands disposed of reserving the liberty to the petitioner to
question the validity of the order dated 20 th November 2021 with
the aforesaid observation the present writ petition stands disposed
of.
3. At this stage learned counsel for the petitioner sought
for making an application for amendment of the present petition. It
is hereby rejected since the petitioner is required to question the
validity of order dated 20th November 2021 by furnishing
additional statement of facts, additional grounds and additional
prayer. Thereafter, the concerned respondent was required to file
Patna High Court CWJC No.15429 of 2021 dt.30-11-2021
counter statement on amended petition. These formalities would
lead to complications, therefore, the aforesaid request is hereby
rejected.
(P. B. Bajanthri, J)
khushbu/-
AFR/NAFR
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