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2019 DIGILAW 46 (JHR)

Vidya Sagar Nitya Ram, S/o Yogendra Ram v. Nilamber Pitamber University through its Vice Chancellor, office at Medininagar, Palamau

2019-01-07

SUJIT NARAYAN PRASAD

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ORDER : Heard learned counsel for the parties. This Court has gone across the pleading made in this writ petition and found the following prayers:- (i) “That in the instant Writ Petition the petitioner prays for issuance of appropriate Writ or Writs, direction or directions, order or orders commanding the Concern Respondents of University and NCTE to conduct the enquiry in respect to admission of petitioner in the Ramchandra Chandrabanshi College of Physical Education Bishrampur, District Palamau in B.P.Ed. in the session 2014-15 and direct the concern College to permit the petitioner to appear from the College in the next University Examination of B.P. Ed; (ii) Petitioner further prays for issuance of appropriate Writ or Writs, direction or directions, order or orders to set asise the Letter dated 23.11.2015 issued by the Respondent No.2 by which claim of the petitioner has been rejected; (iii) Petitioner further prays for issuance of appropriate Writ or Writs, direction or directions, order or orders commanding the Concern Respondents of College to show cause under what circumstances Examination Form submitted by Petitioner for B.P.Ed. Examination, has not been submitted to University along with other students.” 2. The grievance of the petitioner in brief is that he is having passed Secondary School Examination in the year, 2005 from Jharkhand Academic Council, Ranchi as also I.Sc. Examination from Jharkhand Academic Council, Ranchi and also passed B.Com (B.B.A. Hons.) from Nilamber Pitamber University in the year 2013 and the petitioner has taken admission in Ramchandra Chandrabanshi College of Physical Education at District Palamau in B.P.Ed. Course for the session 2014-15, on making payment on required fees, the College is also allotted him a roll number being Roll No.99, thereafter, the name of the petitioner was registered in the register of the University. 3. The further grievance of the petitioner is that he is regularly attended the classes for the session 2014-15 and his attendance is also sufficient to appear in the examination was to be conducted in the university but he is not being allowed to appear, therefore, he has raised the issue before the competent authority and when the grievance has not been redressed, the instant writ petition has been filed. 4. 4. The counter affidavit has been filed, wherein, inter-alia, it has been stated that the name of the petitioner-Sri Vidya Sagar Nitya Ram does not figure in the list of 100 students submitted for registration of examination to the respondent-Nilamber Pitamber University as those who have the students for the Academic Session 2014-15 and become entitled to fill up the examination forms for the examination of the 2014-15 Academic Session of the B.P.Ed. Course scheduled to start from 25.10.2015. It has been stated therein that the case of the petitioner has been examined even by the Screening Committee and came to light that due to clerical mistakes, the name of one Sunil Kumar Sah has been sent to University. The Screening Committee has submitted its report and it was found that the registration of the students originally recommended by respondent College and issued admit cards in their favour for the B.P.Ed. Examination for the session in question and it has been indicated therein, regarding ineligibility of the petitioner in B.P.Ed. Examination and no admit card has been issued to him, since, the petitioner has bonafied student of the B.P.Ed. Course for the session 2014-15 and therefore, the admit card has not been issued. 5. Having heard learned counsel for the parties and after going across the plea made in this writ petition, it is evident that petitioner is seeking for issuance of direction upon the respondent authority for allowing him to appear in B.P. Ed. Examination which was scheduled to be held on 25.10.2015. The petitioner’s candidature has been found to be not genuine and therefore, the admit card has not been issued, the University has scrutinized the aspect of the matter by constituting the Screening Committee, wherein, it has been found that the name of the petitioner corroborated by the concerned School i.e. 100 students in numbers, wherein the name of the petitioner was not mentioned, wherein, it has been indicated that the petitioner was never been the bonafide students of B.P.Ed. Course for the Academic Session 2014-15. 6. In the considered view of this Court, since the very question of genuineness of the petitioner of the bonafide student for the Academic Session 2014-15 has been raised on the basis of the finding given by the Screening Committee and therefore, the action of the University cannot be said to be suffered from any infirmity. 7. 6. In the considered view of this Court, since the very question of genuineness of the petitioner of the bonafide student for the Academic Session 2014-15 has been raised on the basis of the finding given by the Screening Committee and therefore, the action of the University cannot be said to be suffered from any infirmity. 7. Accordingly, the writ petition stands dismissed. Petition dismissed.