Allowed

Manish Kumar Roshan v. Jai Prakash University and Ors.

Patna HC5 Oct 2018CWJC/19468/2018

Case brief

AI extract

What is this about?

In this single-judge oral order, the High Court at Patna disposed of a writ petition seeking issuance of a B.Sc. certificate and registration slip. Relying on a Division Bench judgment that granted relief in identical circumstances, the single judge directed the University to issue the documents and consider a migration certificate application.

What did the court decide?

Directions issued to the University to release the result, issue the marks-sheet, original certificate, and registration slip within four weeks, and consider the migration certificate application.

Manish Kumar Roshan Vs Jai Prakash University and Ors. — Education and Admissions | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19468 of 2018

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Manish Kumar Roshan, Son of Rajendra Nath Dwivedi, Resident of VillageRewa Basantpur, Police Station- Saraiya, District- Muzaffarpur.

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... ... Petitioner/s

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Versus

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Jai Prakash University, Chapra through its Registrar.

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The Vice-Chancellor, Jai Prakash University, Chapra.

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The Registrar, Jai Prakash University, Chapra.

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The Controller of Examination, Jai Prakash University, Chapra.

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The Principal Co-operative Degree College, Sakaddi (Korar), Saran at Chapra.

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The Principal Dr. P.N. Singh Degree College, Saran at Chapra.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ram Binod Singh Mr. Prashant Sinha For the University : Mr. Nagendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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2 05-10-2018

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This writ application has been filed seeking direction to the respondent, Jai Prakash Vishwa Vidyalaya (University), Chapra, Saran, for issuance of original certificate of passing of Bachelor of Science, Physics (Hons.) Part III Examination 2015 as well as Registration Slip of the University to the petitioner.

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In similar circumstance, certain examinees of the University had approached this Court seeking similar direction by filing writ applications. Four of such writ applications were heard together, being C.W.J.C. No. 5034 of 2017 (Rajeev Ranjan vs. Jai Prakash Vishwa Vidyalaya (University), Chapra) and three other analogous cases, which had been

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Patna High Court CWJC No.19468 of 2018(2) dt.05-10-2018 2/3

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dismissed by common judgment and order dated 05.09.2018 with the following observations:-

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“It is clear from the above that only registered students of the University can be allowed to appear for B.A./B.Sc./B.Com. (General/Honours) Examination. The circumstance in which these petitioners were allowed to appear for the examination, without registration numbers having been mentioned in the Part-III examination, is unknown, but the reason is obvious.”

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Appeals were preferred against the said judgment and order giving rise to L.P.A. Nos. 1402 of 2017, 1403 of 2017 and 1404 of 2017, which have been disposed of by judgment and order dated 21.06.2018. The Division Bench, while disposing of the appeals, considering extra ordinary circumstances has issued following directions to release their results:-

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“Since the University authorities have allowed these appellants to pursue their studies whatever has been its worth and have held their examination and they have been promoted from one year to the next and have also finally taken the examination for the final year, no purpose would be served by allowing the University to hold back the results or issuance of

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Patna High Court CWJC No.19468 of 2018(2) dt.05-10-2018 3/3

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marks-sheet of these students for the final year of their studies.

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The Court, therefore, under the extraordinary circumstances and keeping in mind the future of the students who may also be a victim rather than the conspirator to the whole thing are given the benefit of doubt. The University authorities are directed to release the result and issue the marks-sheet in favour of these appellants within a period of four week from the date of production of a copy of this order.”

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Learned counsel for the University does not dispute that case of the present petitioner is identical to the case of the appellant of L.P.A. No. 1402 of 2017 and other analogous cases. This writ application is accordingly disposed of with the similar direction, as given by the Division Bench in case of Rajeev Ranjan (supra).

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This application stands disposed of.

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If the petitioner applies for Migration certificate, the University shall consider the same in accordance with law.

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(Chakradhari Sharan Singh, J)

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Ashish/- U

Manish Kumar Roshan v. Jai Prakash University and Ors.

Case brief

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Manish Kumar Roshan v. Jai Prakash University and Ors.

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