Bintesh Kumar Rai vs The State Of Bihar
2023 Latest Caselaw 2995 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8065 of 2023
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Bintesh Kumar Rai, Son of Sanjay Rai, Resident of Mohalla- House of Rajapur Navrang Rai, P.O.- Rajapur, P.S.- Simri, District- Buxar.

... ... Petitioner Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. The Vice-Chancellor, Veer Kunwar Singh University, Ara, Bihar.

4. The Registrar, Veer Kunwar Singh University, Ara, Bihar.

5. The Examination Controller, Veer Kunwar Singh University, Ara, Bihar.

6. The Principal, D.K. Memorial College, Dumari (Buxar).

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

     For the Petitioner       :       Mr. Aditya Nath Pandey, Advocate
     For the State            :       Mr. Nitesh Suman, AC to SC- 13
     For the University       :       Mr. Siddhartha Prasad, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 13-07-2023

Heard learned counsel for the petitioner, learned counsel for

the Veer Kunwar Singh University (hereinafter referred to as the

'University') and learned counsel for the State.

2. This writ application has been filed for the following

reliefs:-

"i. For issuance of appropriate Writ/Writs, direction/directions or orders/order especially in the nature of Mandamus for directing the respondent University to issue Original Certificate of B.Sc. (Physics Hons.) Degree, who has completed his Three-Year Degree Course from Veer Kunwar University, Ara in Academic Session 2015-18, having Registration Number-51020015 and Roll No.- 508020010018.

Patna High Court CWJC No.8065 of 2023 dt.13-07-2023

ii. For issuance of direction upon the University for grant of Compensation of Rs.5 Lakhs to the Petitioner for the delay in issuing original certificate causing serious harassment to the petitioner and difficulty in securing job for want of original certificate.

iii. For any other relief/reliefs, which the Hon'ble Court may grant in general interest, that may be deemed appropriate and necessary in this case."

Case of the Petitioner

3. It is the case of the petitioner that after successfully

completing his Intermediate class, he took admission in D.K.M.

College, Dumri, Buxar to pursue his three-year degree course in

Science (Physics Hons.) in the academic session 2015-18. The said

college is affiliated to Veer Kunwar Singh University, Ara (Bihar). The

petitioner was allotted Registration No.- 51020015, Roll Code-508 and

Roll No.- 151120224 by the University. A copy of the Registration Card

has been enclosed as Annexure '3' to the writ application.

4. It is the further case of the petitioner that he cleared Part-I

and Part-II Examination in the year 2016 and 2017 respectively

whereafter he took admission in Part-III and attended all the classes

conducted by the college. He appeared in the Final Examination of

B.Sc. (Hons.) which was held in the month of October, 2018 and

cleared the same in 1st class and accordingly, a provisional certificate

was issued to the petitioner by the University. A true/photocopy of

marksheet of B.Sc. Part-III, Examination-2018 and provisional

certificate have been enclosed as Annexures '6' and '7' respectively to

the writ application. It is submitted that having successfully completed Patna High Court CWJC No.8065 of 2023 dt.13-07-2023

his Bachelors Degree in Physics Honours, the petitioner prepared for

the competitive examinations and he has been provisionally shortlisted

by the Railway Recruitment Board, Bilaspur. He was called for

interview with all the original documents, however, because the

petitioner failed to submit his original degree certificate, the Railway

Recruitment Board, Bilaspur issued another letter asking the petitioner

to submit the original certificate. It is the case of the petitioner that the

petitioner has applied for the original certificate of B.Sc. Hons. vide

Annexure '8' to the writ application but the University has not issued

the same. It is submitted that the delay in issuance of the original

certificate of degree is causing huge difficulty in getting job and despite

having been shortlisted, he is afraid that he may not be selected.

5. Learned counsel for the petitioner has placed before this

Court a copy of the order dated 28.06.2019 passed in CWJC No. 9336

of 2019 and an another order dated 05.05.2023 passed in CWJC No.

18035 of 2022 by a learned Co-ordinate Bench of this Court. It is

submitted that as back as on 28.06.2019, the learned Co-ordinate Bench

had taken a view that since the students were allowed to appear at

various examinations by the examining University within the

knowledge of the State authority, considering the hardships and noticing

the previous practice, to salvage the situation, this Court being a

Constitutional Court directed the respondent authorities to adopt

remedial measures having regard to the prospect of large number of

students and the fact that in the past the affiliation was granted as one Patna High Court CWJC No.8065 of 2023 dt.13-07-2023

time measure for publication of the result and thereafter the institutions

were not allowed to admit students or allow those students to appear in

the examination.

6. This Court has recently in it's order dated 05.05.2023, in

identical situation directed the University to issue original graduation

certificates in favour of the petitioners within a period of one month

from the date of receipt/production of a copy of the order of this Court.

This Court expressed its hope and trust that within the aforesaid period,

the State Government will come out with a final decision regarding one

time affiliation to the colleges in question.

7. This writ application was taken up for consideration on

28.06.2023 and adjourned for two weeks to enable the respondents to

file counter affidavit. Learned counsel for the University was to take

instruction as to why the original certificate of the petitioner has not

been issued.

Stand of the University

8. A counter affidavit has been filed on behalf of the

University, however, no response has come from the State of Bihar. The

University and its authorities (respondent nos. 3 to 5) have informed

this Court that the University has requested the State Government vide

Letter No. 380/Estab/2022 dated 13.11.2022 to affiliate these colleges

or the subject for one time in the interest of large number of students so

that the original certificate of these students may be issued. A copy of

the letter dated 13.11.2022 has been brought on record as Annexure 'A' Patna High Court CWJC No.8065 of 2023 dt.13-07-2023

with the counter affidavit. The stand of the University is that as soon as

the State Government gives the instructions for issuing the original

certificate of these students, the University will issue the original

certificates to such examinees immediately.

9. No reason at all has been communicated to this Court as to

why despite directions of this Court in the aforementioned writ

applications, the State Government has not taken a decision.

Consideration

10. Having heard learned counsel for the parties and upon

perusal of the records, this Court finds from the pleadings as well as the

Annexures in support thereof that Veer Kunwar Singh University, Ara

(Bihar) has allowed the petitioner to appear in the examination held for

the three-year degree course. The University has also published his

result and has issued marksheet. The petitioner has been declared

passed in 1st class. The petitioner has been further issued a provisional

certificate bearing certificate no.-18000221000001 certifying his role

code, roll number and registration number. Further, the Controller of

Examination of the University who has signed the provisional

certificate has declared the petitioner passed in Bachelor of Science

Examination in Physics (Hons.) of the year 2018 held in the month of

October, 2018 and that the petitioner was placed in 1 st class. Thus, for

the entire three years the petitioner was allowed to continue with his

studies, to appear in the examination and his result was also published. Patna High Court CWJC No.8065 of 2023 dt.13-07-2023

11. On the face of the aforementioned materials available on

the record, this Court is of the considered opinion that in the name of

pendency of the request/recommendation of the University with the

State Government to grant affiliation to the college or the course for the

given period, the petitioner cannot be deprived of his original marksheet

and the certificates. Silence on the part of the State Government or

inaction on its part despite the directions of this Court by way of

judicial pronouncements are to be taken seriously. This Court cannot, in

the present circumstance, keep on issuing directions to the State

Government to consider the issue of affiliation in this case as one time

measure. Enough opportunity has been granted to the State and this

Court expressed its hope and trust in the Department.

12. Despite all such directions and expectations of the Court,

in the facts of this case, if the State Government is not acting and the

career/future of the students such as the petitioner is likely to be ruined

in absence of the original certificates, this Court cannot remain a mute

spectator.

13. This Court being a Constitutional Court is of the opinion

that once the University has issued the provisional degree certificate

and marksheet to the petitioner, by no means the University can be

allowed to sit over the matter and withhold the issuance of original

marksheet and degree certificate to the petitioner in the name of

permission from the State Government.

Patna High Court CWJC No.8065 of 2023 dt.13-07-2023

14. An order of restraint, if any, against the University in the

matter of issuance of original marksheet and degree certificate would

not operate in the facts and circumstances of the present case.

15. In the facts of the present case as noticed above, this

Court directs respondent nos. 4 and 5 to issue original marksheet and

degree certificate etc. to the petitioner within a period of one month

from the date of receipt/communication of a copy of this order.

16. This writ application is allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/-

AFR/NAFR
CAV DATE
Uploading Date             18.07.2023
Transmission Date