Bipul Kumar vs The State Of Bihar
2023 Latest Caselaw 4669 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.13146 of 2023
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Bipul Kumar S/o Satyendra Narayan Singh Resident of Village-Baruna, Ward No. 07, P.S.-Akodhi Gola, District-Rohtas ... ... 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 Director, Higher Education, Department of Education, Government of Bihar, Patna.

4. Veer Kunwar Singh University, Ara through its Vice Chancellor, Ara.

5. The Vice Chancellor, Veer Kunwar Singh University, Ara.

6. The Registrar, Veer Kunwar Singh University, Ara.

7. The Controller of Examination, Veer Kunwar Singh University, Ara.

8. The Union of India, through D.I.G., Group Centre, C.R.P.F. Amethi (U.P.)

9. The D.I.G. Group Centre, C.R.P.F. Amethi (U.P.) ... ... Respondents ====================================================== Appearance :

For the Petitioner : Mr.Sanjeev Kumar, Advocate Mr.Raushan Raj, Advocate Mr.Bharti, Advocate For the VKS University : Mr.P.K. Verma, Sr. Advocate Dr. Anand Kumar, Advocate For the State : Mr.Jitendra Kumar Roy 1, SC-13 For the U.O.I. : Mr.K.N. Singh, ASG Mr.Sriram Krishna, AC to ASG Mr.Prabhat Kr. Singh, AC to ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 18-09-2023

On the request of learned counsel for the petitioner,

this Court permits him to add the Union of India and the D.I.G.

Group Centre, Amethi (U.P.) as party respondent nos. 8 & 9

respectively.

2. Dr. K.N. Singh, learned Additional Solicitor General Patna High Court CWJC No.13146 of 2023 dt.18-09-2023

assisted by Mr. Sriram Krishna, learned counsel takes notice for

respondent nos. 8 & 9.

3. Heard learned counsel for the petitioner, learned

counsel for the State and learned counsel for the Union of India

as also learned counsel for the Veer Kunwar Singh University,

Ara.

4. Petitioner, in the present writ application, is seeking

the following reliefs:

"A. For issuance of a writ in the nature of mandamus or any other appropriate writ, or order/s, direction commanding the respondents for the following:-

I. To supply/to provide the original graduation degree/certificate to the petitioner forthwith as the petitioner has passed his graduation examination conducted by the respondent Veer Kunwar Singh University, Ara (the respondent no. 4) and he has been supplied his consolidated mark-sheet and provisional certificate of his graduation course.

II. To hold that the respondents are not entitled to withhold the original graduation degree/certificate of the petitioner for which a long period as the petitioner has appeared and passed his graduation examination sponsored/conducted by the respondent no. 4.

III. To compensate the petitioner suitably for the loss, if any, suffered by him on account of non supply of the certificate in question.

B. For any other relief/s to which the petitioner is found entitled to."

5. Learned counsel for the petitioner submits that this

petitioner was admitted in graduation course during the

academic session 2016-19 in R.K.S. College, Dalmia Nagar

which is a private college. The University had allowed the

college to take admission and, in fact, after the petitioner Patna High Court CWJC No.13146 of 2023 dt.18-09-2023

pursued his course, he was allowed to take his first year and

second year examination by the University, which he passed. He

took admission in the third year and appeared in the final year

(Part 3rd examination) for which the admit card was issued under

the signature of respondent no. 7. It is further submitted that the

petitioner passed his final year examination of the graduation

course and the University issued a consolidated mark-sheet of

the petitioner, copy of which is available as Annexure 'P/2' to

the writ application.

6. The grievance of the petitioner is that even as he

has been supplied the provisional certificate/degree, the

University has yet not made available the original certificates.

7. The petitioner has been selected for the post of

Sub-Inspector in Central Reserve Police Force (in short the

'CRPF') in the examination conducted by the Staff Selection

Commission and he has received a selection letter dated

28.09.2023 by the D.I.G., Group Centre, CRPF, Amethi (U.P.).

8. It is submitted that if the University does not supply

the original graduation degree/certificates to the petitioner, he

may be deprived of his opportunity of getting employment.

9. Learned counsel submits that respondent no. 5 has

vide his letter no. 380 dated 13.11.2022 requested the Patna High Court CWJC No.13146 of 2023 dt.18-09-2023

respondent no. 3 to give directions to issue original certificates

to the concerned students by granting one time affiliation to the

unaffiliated colleges for the sessions 2015-18, 2016-19 and

2017-20. The government was also informed that the students of

unaffiliated colleges for all these years were tagged with the

nearby Government colleges and their examination was

conducted by the University and the results have already been

published.

10. It is submitted that till date the Government has

not responded. Because of this inaction on the part of the

Government, the career of about 1,70,000 (One Lakh Seventy

Thousand) students including the petitioner are at stake.

11. It is further submitted that in a similar situation the

students of Magadh University, Bodh Gaya were given one time

affiliation by the Education Department, Govt. of Bihar vide

Memo No. 15 dated 19.07.2019. This decision was taken in the

light of the judgment of this Court in CWJC No. 9336/2019.

Further, it is stated that in the case of B.N. Mandal University,

the Hon'ble Division Bench has granted reliefs to some of the

similarly situated students in LPA No. 1145/2001.

12. Learned counsel submits that this Court has

recently passed orders in CWJC No. 18035/2022 directing the Patna High Court CWJC No.13146 of 2023 dt.18-09-2023

respondent University to issue original graduation certificate

within a period of one month from the date of receipt/production

of a copy of the order. Similar kind of orders passed by this

Court in CWJC No. 8065/2023 and CWJC No. 9754/2023 have

been placed before this Court for a ready reference.

13. Learned counsel for the State and the University

admit at the Bar that the case of the petitioner would be covered

by the judgments of this Court and one of the judgments

recently passed by this Court is dated 13.07.2023 in CWJC No.

8065/2023 (Annexure 'P/9-A' to the writ application).

Consideration

14. Having regard to the facts and circumstances of

the case as also the admitted position that the case of the

petitioner would be covered by the earlier judgments of this

Court, this Court directs the respondents University as well as

the State to ensure that the petitioner is made available his

original mark-sheet and degree certificate of the final year

examination within a period of one month from today. This

Court reproduces paragraph nos. 12, 13, 14 and 15 of it's

judgment rendered in CWJC No. 8065/2023 for a ready

reference:

"12. Despite all such directions and expectations of the Court, in the facts of this case, if the State Patna High Court CWJC No.13146 of 2023 dt.18-09-2023

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.

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.

15. It is high time for the authorities of the State and

the University to act in tendem with each other and ensure that

the career of the students, who have already been issued their

provisional degree certificates, be not kept on a tenterhooks. If

the respondents still keep on sitting over the matter, it would

only result in damaging the career of the students, which, by no

stretch of imagination, may be appreciated and in a suitable case

such issue may be considered for other reliefs. Patna High Court CWJC No.13146 of 2023 dt.18-09-2023

16. Before this Court parts with this judgment,

considering that the petitioner has already been selected as a

Sub-Inspector in the Central Reserve Police Force, he may place

this fact before the D.I.G., Group Centre, C.R.P.F. Amethi (U.P.)

and this Court expects that the predicament of the petitioner

shall be duly considered by the competent authority.

17. This Writ Application stands disposed of

accordingly.

(Rajeev Ranjan Prasad, J.) Rajeev/-

AFR/NAFR
CAV DATE
Uploading Date      20.09.2023
Transmission Date