The High Court modified its prior order allowing the petitioner to seek admission despite no minimum pass marks, directing the authority to consider the case and pass a final order within 60 days.
Directed the authorities to consider the petitioner's case and pass a final order within 60 days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.362 of 2022 In
Civil Writ Jurisdiction Case No.6981 of 2020
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Prem Chandra Prasad Son of Late Diveshwar Singh Resident of Village and P.O.-Harpur Belwa, P.S.-Mahua, District-Vaishali, At Present Resident of University Quarter NO.97, Saffullaganj, Lal Bagh, C.M. Law College, Campus, Darbhagna.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr.Binodanand Mishra, Adv. For the Opposite Party/s : Mr.Shashi Shekhar Tiwary, AC to AAG -13 For L.N.M.U. : Mr. Shailesh Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
3 27-07-2022 Heard the learned counsel for the parties.
A petition has been filed for modification of the
order dated 15.11.2021 passed by this Court in C.W.J.C. No. 6981 of 2020.
By the aforesaid order, after recording that there is no minimum pass marks prescribed for each paper and in that view of the matter, raising a threshold of passing marks to be 45 would be asking for more than what is required for a class-
Patna High Court MJC No.362 of 2022(3) dt.27-07-2022 2/2
III post, this Court directed the authorities to consider the case of the petitioner, if he satisfied other conditions.
Mr. Mishra, the learned counsel for the petitioner has submitted that after the aforesaid order, when an application was made before the concerned authority, no order was passed on the lame plea of there being no mandamus for considering the case of the petitioner.
Without commenting on the aforesaid understanding of the contents of the order by the concerned authority, this Court modifies the order dated 15.11.2021 and directs that the case of the petitioner be considered and a final order be passed by the authority within a period of 60 days from the date of receipt/ production of a copy of this order before the concerned authority.
The order dated 15.11.2021 is modified to the extent indicated above.
The modification application stands allowed and disposed of.
(Ashutosh Kumar, J)
sunilkumar/-
U
2 issues framed by the court
Whether the admission authority must consider the petitioner's case despite no minimum pass marks prescribed?
Whether the direction to pass an order within 60 days was valid?
Prem Chandra Prasad Son of Late Diveshwar Singh
The Lalit Narayan Mithila University
State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
