Dismissed

Preeti Kumari v. The B.N. Mandal University

Patna HC17 Feb 2023CWJC/2077/2023

Case brief

AI extract

What is this about?

The Patna High Court dismissed a writ petition filed by students seeking admission eligibility. The court held the petition was misconceived and not maintainable, ruling that once a prior judgment deemed university admissions illegal, the course of filing fresh petitions for such admissions is unavailable to all, including those not parties to the prior suit.

What the court decided

AI extract

Preeti Kumari Vs The B.N. Mandal University — Education and Admissions | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2077 of 2023

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Preeti Kumari Wife of Abdhesh Kumar, Daughter of Bijay Yadav, resident of village - Pirnagra, ward no. 4, P.S. Beldaur, Dist. - Khagaria.

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Priyanka Kumari, daughter of Laxman Yadav, wife of Prakash Raj, resident of village - Lalmanpatti, via Basantpur, P.S. - Birpur, Dist. - Supaul.

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Abhishek Kumar, Son of Ramvilash Maharaj, resident of village - Bhaddi, Jamhra, ward no. 16, P.S. - Baijnathpur, Dist. - Saharsa.

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Sonu Kumar Singh, son of Sunil Kumar Singh, resident of village- Rampatti, Ward No. 08, P.O. - Singheshwar, P.S. - Singheshwar, Dist. - Madhepura.

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Poonam Kumar, wife of Abhay Kumar Raj, Daughter of Suresh Prasad Sah, Resident of village - Kishunganj, P.O. and P.S. - Udakishunganj, Dist. - Madhepura.

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Juhi Kumari, daughter of Anuj Kumar Yadav, resident of village - Jiwachhpur, P.O. - Bharrahi Bazar, P.S. and Dist.- Madhepura.

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Mahima Kumari, daughter of Gajendra Kumar, resident of Maszid Chowk, ward no. 13, P.S. and Dist. - Madhepura.

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Pooja Kumari, daughter of Anupam Choudhary, resident of village - Jhitkiya, P.O. and P.S. - Singheshwar, Dist. - Madhepura.

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Sujit Kumar, son of Shiv Kumar Yadav, resident of village - Duhabi Suhabi, P.O. - Nayatola, P.S. - Puraini, Dist. - Madhepura.

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Raju Kumar Rana, Son of Rampukar Yadav, resident of village - Manhara, P.O. - Haripurkala, P.S. - Murliganj, Dist. - Madhepura.

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Pushpa Rani, daughter of Pradeep Yadav, resident of village - Barahi, P.S. - Nauhata, Dist. - Saharsa.

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Premranjan Kumar, son of Surendra Paswan, resident of village - Belsara Goth, ward no. 9, P.S. - Bausi, Dist. - Araria.

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... ... Petitioner/s

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Versus

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The B.N. Mandal University Madhepura through Vice Chancellor.

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The Vice Chancellor, B.N Mandal University, Madhepura.

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The Registrar, B.N Mandal University, Madhepura.

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The Controller of Examination, B.N. Mandal University, Madhepura.

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The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga.

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The Registrar, Lalit Narayan Mithila University, Darbhanga.

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The State Nodel Officer, Nodal University, Lalit Narayan Mithila University, Darbhanga.

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The Head of Deptt. Bachelor of Education, B.N Mandal University, Madhepura.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate For the BN Mandal Uni. : Mr.Ritesh Kumar, Advocate For the LNMU : Md. Nadim Seraj, Advocate : Mr. Shahbaj Alam, Advocate

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Patna High Court CWJC No.2077 of 2023(3) dt.17-02-2023 2/2

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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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ORAL ORDER

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3 17-02-2023

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The petitioners are aggrieved of the action of the University, which has applied the judgment passed by this Court in CWJC No.5526 of 2021 dated 02.12.2022, wherein this Court has held the admission granted to the noticed respondents to be illegal and unjustified.

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Learned counsel for the petitioners states that they were not one of the noticed respondents and therefore, the said judgment could not have been applied against them and claim by way of this writ petition to declare their result.

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This Court finds that the writ petition tobe wholly misconceived and not maintainable in law. Once a judgment has been delivered by this Court, holding admissions conducted by the University to be bad in law. Even if the petitioners were not parties to the said case, the course of filing a fresh writ petition for seeking admissions is not available to them.

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4.The writ petition is not maintainable. It is accordingly dismissed.

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(Sanjeev Prakash Sharma, J)

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Chn/-

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Item No.11 U

Preeti Kumari v. The B.N. Mandal University

Case brief

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Preeti Kumari v. The B.N. Mandal University

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