Disposed

Dr. Kumar Nandan v. The T. M. Bhagalpur University and Ors.

Patna HC21 Nov 2016CWJC/5486/2016

Case brief

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What is this about?

High Court of Patna quashed a writ petition filed by a candidate challenging his Pre-Ph.D. enrollment status against the T. M. Bhagalpur University authorities. The court directed the Vice-Chancellor to pass a speaking order within six weeks clarifying whether the enrollment complied with 2009 UGC Regulations, ensuring an objective decision free from prejudice caused by prior orders.

What did the court decide?

Directed the Vice-Chancellor to pass a speaking order within six weeks clarifying the petitioner's enrollment status under 2009 UGC Regulations.

Dr. Kumar Nandan Vs The T. M. Bhagalpur University… — Education and Admissions | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.5486 of 2016

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=========================================================== Dr. Kumar Nandan s/o Baidyanath Prasad, R/o Mohalla- Anandpuri Colony, Nayachak, Ishakchak, Mirjanhat Road, P.S.- Ishakchak, Town & Dist.- Bhagalpur. .... .... Petitioner Versus 1. The T. M. Bhagalpur University, Bhagalpur, through its Registrar 2. The Vice Chancellor, T. M. Bhagalpur University, Bhagalpur 3. The Pro Vice-Chancellor, T. M. Bhagalpur University, Bhagalpur 4. The Registrar, T. M. Bhagalpur University, Bhagalpur 5. The Examination Controller, T. M. Bhagalpur University, Bhagalpur 6. The Head, University Department of Chemistry, T. M. Bhagalpur University, Bhagalpur 7. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 8. The Director, Higher Education Department, Government of Bihar, Patna 9. The Hon'ble Chancellor of Universities, Raj Bhawan, Patna .... .... Respondents =========================================================== Appearance : For the Petitioner : Mr. Purushottam Kumar Jha, Advocate For the State : Mr. Ajay, G.A.12 For the University : Mr. R.K. Giri, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 21-11-2016

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Heard counsel for the petitioner and counsel for the

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University.

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Let the Vice-Chancellor of the University pass a speaking order with regard to the status of the petitioner whether his enrollment as a Pre-Ph.D. candidate was in any manner under the 2009 UGC Regulation or not. Such an order should be passed within a period of six weeks and communicated to the petitioner because after all it is the University which knows best and it is not for the Court to sit in appeal over such decisions specially when there is nothing,

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Patna High Court CWJC No.5486 of 2016 dt.21-11-2016

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which is pleaded as mala fide or there is nothing amiss with regard to the stand of the University in support of their decision in their counter affidavit.

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All the documents, which the petitioner would like to show to the Vice-Chancellor, may be shown for his satisfaction and the satisfaction of the authorities. The previous order contained in Annexure-24 will not act as a prejudice in the fresh decision. Fresh decision should be taken with objectivity and keeping the request and the actual state of affairs prevalent in the University.

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Writ stands disposed of with above direction.

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(Ajay Kumar Tripathi, J.)

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S.Kumar/-

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AFR/NAFR NAFR CAV DATE Uploading Date22.11.2016 Transmission Date

Dr. Kumar Nandan v. The T. M. Bhagalpur University and Ors.

Case brief

What is this about?

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Dr. Kumar Nandan v. The T. M. Bhagalpur University and Ors.

Case brief

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