Neha Kumari vs The Director, Sundram Institute ...
2023 Latest Caselaw 3801 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.10254 of 2023
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Neha Kumari D/o Amarnath Tiwari, Resident at Vill, Post and P.S.- Kuransarai, District- Buxer.

... ... Petitioner Versus

1. The Director, Sundram Institute of Medical Science, Gaurichak, Gaya Road, District- Patna- 800007

2. The Principal, Sundram Institute of Medical Science, Gaurichak, Gaya Road, District- Patna- 800007.

3. The State of Bihar Through the Addl. Chief Secretary, Health Department, Govt. of Bihar, Patna.

4. Vice Chancellor Aryabhatta Knowledge, University, Mithapur Farm Area, Mithapur, Patna-800001

5. The Principal Secretary, Department of Health, New Secretariat Bihar, Patna

6. The Deputy Secretary to Govt. of Bihar, Health Dept., Govt. of Bihar, Patna.

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

For the Petitioner : Mr.Md. Mokhtar Ansari, Advocate For the State : Mr.Ajay Behari Sinha, GA-8 Ms.Seema Ghazala, AC to GAP-8 For the A.K. Univ. : Mr.Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 17-08-2023

Heard learned counsel for the petitioner, learned

counsel for the Aryabhatta Knowledge University, Patna and

learned counsel for the State.

2. The petitioner, in the present case, is seeking a writ

in the nature of writ of Mandamus or any other appropriate writ

or writs, order or direction commanding the respondents to

direct the respondents to permit the petitioner to appear in the Patna High Court CWJC No.10254 of 2023 dt.17-08-2023

examination of B-Pharma First Year in Session 2022-2026 exam

proposed to be held from 02.08.2023 by which the respondent

no. 1 and 2 orally prevented to registration and appearing from

the examination.

3. Mr. Nadim Seraj, learned counsel for the

Aryabhatta Knowledge University, Patna (in short the

'University') has placed before this court a copy of the e-mail

sent by the University to the respondent Institution wherein the

respondent Institution has been directed to appear in the present

proceeding. Despite the aforesaid communication, the

respondent no. 1 & 2 who are the Director of Sundram Institute

of Medical Science, Gaurichak, Gaya Road, District - Patna and

the Principal of the same Institute respectively have chosen not

to appear in this Court.

4. Since 27th July, 2023, this Court has taken various

steps to procure the appearance of respondent nos.1 and 2 so

that this writ application may be heard and disposed of after

hearing the concerned respondents. There is an affidavit on the

record filed on behalf of the petitioner saying that the

respondent no. 1 and 2 refused to receive the notice sought to be

served by virtue of this Court order dated 27.07.2023.

5. Under these circumstances, this Court while taking Patna High Court CWJC No.10254 of 2023 dt.17-08-2023

note of the conduct of respondent nos. 1 and 2 is of the

considered opinion that their conduct is not only liable to be

deprecated but is also liable to be subjected to cost as the writ

application has been listed and are being adjourned giving them

opportunity to appear but they are not putting their appearance.

6. This Court, therefore, imposes a cost of Rs.

25,000/- (Rupees Twenty Five Thousand) upon respondent nos.

1 and 2 which they would be liable to deposit with the Patna

High Court Legal Services Authority within a period of two

weeks from today, failing which appropriate measures shall be

taken to realise this amount. Registry shall report if the order is

not complied with within the given period.

7. In the aforementioned circumstances, this writ

application has been taken up for consideration in absence of

any stand of respondent nos. 1 and 2.

8. Learned counsel for the petitioner has placed before

this Court a copy of the communication of the Institute through

it's Principal issued on 12.08.2023 from which it appears that

application for registration of the petitioner in B-Pharma Course

has been made to the University on 27th November, 2022 and

the examination form of B-Pharmacy 1st Semester examination

2022 has also been successfully applied through Aryabhatta Patna High Court CWJC No.10254 of 2023 dt.17-08-2023

Knowledge University, Patna.

9. The communication dated 12.08.2023 reveals that

there is some issue with regard to some pending dues of the

Institute. This Court would not go into the issue of pending dues

in the present writ application.

10. Since the examination is now fixed from 23rd

August, 2023, this Court directs the University and the College

both to ensure that the petitioner gets her admit card well before

the start of the examination and is allowed to take her

examination without any hindrance.

11. This Writ Application is being disposed of with

the aforesaid directions.

(Rajeev Ranjan Prasad, J.) Rajeev/-

AFR/NAFR
CAV DATE
Uploading Date           18.08.2023
Transmission Date