Patna HC dismissed a writ petition challenging university examination procedures on grounds of absence from the marks register. The court held the matter is pure question of fact requiring competent civil court remedy.
Directing Learned counsel for the petitioner to submit original petition with defects removed within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16306 of 2018
======================================================
Shiv Nath Choudhary son of Late Jagdish Choudhary Resident of Village - Kharka, Telwa, P.O. Nauthatta, District - Saharsa.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Vikram Singh, Adv. For the Respondent/s : Mr.Ashutosh Ranjan Pandey- Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
4 21-03-2022 Heard the parties.
The case is being taken up from defect
side.
Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove all the defects
Patna High Court CWJC No.16306 of 2018(4) dt.21-03-2022 2/2
pointed out by the Registry within two weeks from today.
Learned counsel for the petitioner disputes the enquiry report submitted by the University with regard to petitioner’s candidature being absent from the register containing the marks of all the candidates. He has by way of reply to the additional affidavit has placed certain documents to show that he was present. Admittedly, these are questions, which are pure question of fact, which requires to be proved in Competent Court. The Writ Jurisdiction is not the correct Forum to allowing the petitioner to take up the remedy.
Accordingly, the writ petition is dismissed. It is made clear that all the issues taken up by the petitioner shall be free to be examined by a competent Civil Court.
(Sanjeev Prakash Sharma, J)
pravinkumar/-
U
2 issues framed by the court
Whether the High Court can adjudicate on questions of fact requiring competent civil court proof regarding the petitioner's absence from the register.
Whether the writ petitioner is the correct forum for the dispute regarding attendance and marks register.
Shiv Nath Choudhary
The State Of Bihar through the Principal Secretary Education Department, Patna
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
