Shashank Tiwari vs Central University Of South Bihar
2021 Latest Caselaw 4930 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.3368 of 2021
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Shashank Tiwari Son of Ashok Kumar Tiwari Resident of Narharpur, Unnao, Mustafabad, Unnao, Uttar Pradesh 241504

... ... Petitioner/s Versus

1. Central University of South Bihar Through its Registrar, SH-7, Gaya Tekari Road, Village Karhara, P.O. Fatehpur, P.S. Tekari, District- Gaya, Bihar (824236)

2. The Vice Chancellor, Central University of South Bihar SH-7, Gaya Tekari Road, Village Karhara, P.O. Fatehpur, P.S. Tekari, District- Gaya, Bihar (824236)

3. The Controller of Examinations, Central University of South Bihar SH 7, Gaya Tekari Road, Village Karhara, P.O. Fatehpur, P.S.- Tekari, District- Gaya, Bihar (824236)

4. Dean of Students' Welfare, Cental University of South Bihar SH 7 Gaya Tekari Road, Village Karhara, P.O. Fatehpur, P.S. Tekari, District- Gaya, Bihar (824236)

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Vishal Kumar Singh, Advocate For the Respondent/s : Mr. S.D. Sanjay, Sr. Advocate Ms. Priya Gupta (JC to Shri S.D. Sanjay) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH CAV JUDGMENT Date: 08.10.2021

1. The present writ petition has been filed seeking the

following reliefs:-

"I. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the respondents to admit the petitioner in the vacant seat of the B.A. L.L.B. (H.) course as he was in the first merit list of the University.

II. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or Patna High Court CWJC No.3368 of 2021 dt.08-10.2021

direction(s) commanding the respondent to quickly initiate and complete all necessary admission procedures with the petitioner so that the petitioner does not have to lose one year due to the delay in his admission.

III. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the respondents to support the petitioner in terms of attendance and other required formalities once he is allowed to be admitted.

IV. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the respondent no. 2 to immediately suspend and issue a show cause to respondent no. 3 and demand a clarification that why the office of Controller of Examinations has been failing in providing replies to the repeated emails and phone calls by the concerned students including the petitioner.

V. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the respondents to pay him Rs. 50,000/- (Fifty thousand only) as compensation for all the mental agony and suffering he has underwent due to inhuman and negligent attitude of the respondent University."

2. The brief facts of the case, according to the petitioner

are that the petitioner, after finishing his intermediate studies

and having passed 12th standard from St. Laurence School, Uttar Patna High Court CWJC No.3368 of 2021 dt.08-10.2021

Pradesh had applied for admission in the 5 year integrated B.A.

LL.B (Honors course), in the respondent Central University of

South Bihar, through the Central University Common Entrance

Test (hereinafter referred to as the 'CUCET'), 2020. The

CUCET, 2020 was notified in the month of February, 2020 and

applications were invited from candidates for admission in

various courses in 14 universities including the respondent

University, whereafter the entrance examination was held and

the petitioner had also appeared in the examination held on

18.09.2020 by the offline mode, pursuant to him having filed

appropriate application. The first merit list of BA LL.B (Honors

Course) was released on 06.11.2020 and the petitioner had stood

at the 33rd rank, making him eligible for seeking admission in

the Central University of South Bihar. The last date of payment

of fees was fixed as 09.11.2020, however, since the family of

the petitioner was going through a bad financial condition, the

petitioner could not make payment on or before 09.11.2020,

however, he had made a payment of a sum of Rs. 11,229/- on

12.11.2020. Thereafter, the petitioner was not granted admission

leading to him having filed representation by email, before the

respondent university. It has been submitted that the university

had issued a notice dated 18.11.2020, by which the last date for Patna High Court CWJC No.3368 of 2021 dt.08-10.2021

depositing the programme fees was extended up to 22.11.2020.

It is also submitted that the final list of the eligible students who

were to be admitted in the college was released vide circular

dated 30.11.2020. It is further that though nine seats were left

vacant, the name of the petitioner was not mentioned in the final

list, though he had made payment of fees on 12.11.2020 and the

new deadline had been fixed as 22.11.2020. Thus, it is submitted

by the learned counsel for the petitioner that a sympathetic

view of the matter be taken so that the petitioner is not made to

lose one year.

3. Per contra, the learned Sr. Counsel for the respondent

University Shri S.D. Sanjay has submitted that the present case

pertains to the academic year 2020-21, entrance test whereof

was conducted on 18th, 19th and 20th September, 2020. The result

of CUCET, 2020 was declared on 17.10.2020, whereafter the

Central University of South Bihar had issued a notice dated

05.11.2020, instructing all the candidates, enlisted in the first

merit list, to deposit the prescribed programme fees by the mode

of online payment by 09.11.2020, failing which their case for

admission shall not be considered. As far as the petitioner is

concerned, it has been stated that he had secured a score of

60.75 in CUCET, 2020 and was placed in the unreserved Patna High Court CWJC No.3368 of 2021 dt.08-10.2021

category at serial no. 33 of the first merit list of BA LL.B

(Honors course), however, he failed to deposit the fees by

09.11.2020. Thereafter, the second merit list was announced on

11.11.2020 for admission against the vacant seats in various

courses with an instruction to the candidates, enlisted in the

second merit list to deposit the prescribed programme fees

through online mode by 18.11.2020, failing which they shall not

be considered for admission. It has been further submitted that

vide notice dated 18.11.2020, the last date of deposition of

admission fees by the candidates of the second merit list was

extended up to 22.11.2020, on account of diwali & chhath puja

holidays, however, as far as the last date for deposit of fees by

the candidates of the first merit list is concerned, the same was

never extended. It is further submitted that after cessation of the

date prescribed for admission of the candidates of second merit

list, the third and the last merit list was announced on

25.11.2020, for admission against the vacant seats in various

courses, with an instruction to the candidates enlisted therein to

deposit the prescribed programme fees by 30.11.2020, failing

which they shall not be considered for admission. It is also

submitted that as far as the third and final merit list is

concerned, the admission process was open for all the Patna High Court CWJC No.3368 of 2021 dt.08-10.2021

candidates who had appeared in the CUCET, 2020, in order to

fill the remaining seats and so far as the unreserved category is

concerned, since there was only one vacant seat left in the 5

years BA LL.B (Honors) programme, the candidate having a

score of 52.5 was announced to be the candidate eligible for

taking admission and his name was reflected in the third list. It

has been categorically stated that after culmination of the

admission process, no vacancy is available in the unreserved

category, under which the petitioner has applied. It is the

submission of the Ld. Sr. Counsel for the respondent University

that the last date for admission is over long back and as per the

UGC guidelines, no admission can be taken after 30.11.2020, in

the UGC/PG programme, even if the seats are vacant, hence the

petitioner cannot be accommodated.

4. I have heard the learned counsel for the parties and

gone through the materials on record as also considered the

judgments referred to by the learned counsel for the petitioner,

as mentioned in the rejoinder affidavit filed by the petitioner,

which in the opinion of this Court are distinguishable in the

facts and circumstances of the present case and in fact the same

pertain to either reserved category seats meant for SC and ST

categories or relate to the principles of carry forward or refer to Patna High Court CWJC No.3368 of 2021 dt.08-10.2021

the principle followed for exchange of seats in between

Scheduled Caste and Scheduled Tribe categories or pertain to

directions issued by the Hon'ble Apex Court under article 142

of the Constitution of India.

Now, coming to the merits of the present case, this Court

finds that not only the session in question is coming to an end

but the last date for admitting students, as fixed by the UGC i.e.

30.11.2020 is over long back, hence no relaxation can be

granted to the petitioner, especially in view of the well settled

principle of law to the effect that observance of time schedule is

of paramount importance for timely grant of admissions,

commencement of the academic session and for timely

completion of the course so that students are not prejudiced.

This Court further finds that in the present case, it is the

petitioner who is to be blamed for not being admitted to the BA

LL.B (Honors) programme, inasmuch as though the last date

fixed for deposit of the fees was 09.11.2020 but he had failed to

deposit the fees in time, hence the second merit list was then

published and thereafter, the final i.e the third list was published

wherein though the admission was laid open to all the

candidates but since more meritorious candidate having a score

of 52.5 was available, the petitioner could not make it on Patna High Court CWJC No.3368 of 2021 dt.08-10.2021

account of him having poorer score than the said candidate. The

fact remains that though this Court has its full sympathy with

the petitioner but then this Court can neither bend the rules nor

pass any order contrary to law, hence this Court has no option

but to dismiss this writ petition.

5. Accordingly, the present writ petition stands dismissed.

6. It is needless to state, as has also been submitted by

the Ld. senior counsel for the respondent-University, that the

fees already deposited by the petitioner shall be refunded

forthwith.

(Mohit Kumar Shah, J) S.Sb/-

AFR/NAFR                AFR
CAV DATE                05.08.2021
Uploading Date          13.10.2021
Transmission Date