Patna High Court - Orders
Ayushi Anand vs The State Of Bihar on 1 April, 2024
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5350 of 2024
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1. Ayushi Anand Daughter of Sri Parmanand Lal, resident of village
Chhatanwara, P.O. Susta P.S. Gaighat, District- Muzaffarpur.
2. Nidhi Kumari, daughter of Shambhu Nath Jha, resident of Village - Naruar,
P.S. Bhairabasthan, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Secretary, Department of Science and Technology and Technical
Education Government of Bihar, Patna.
3. Director, Department of Science and Technology and Technical Education,
Government of Bihar, Patna.
4. Bihar Engineering University, Mithapur, Patna through its Examination
Controller.
5. Examination Controller, Bhiar Engineering University, Mithapur, Patna.
6. Principal Darbhanga College of Engineering, Mabbi Darbhanga.
7. Chairman Disciplinary Committee, Darbhanga College of Engineering,
Mabbi Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Binod Anand Mishra, Advocate
Mr. Chandan Jha, Advocate
Mr. Gunjan Jha, Advocate
Ms. Sakshi Snehi, Advocate
For the Respondent/s : Mr. Standing Counsel 15
For the Respondents no.4 to 7: Mr. Satyam Shivam Sundram, Advocate
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 01-04-2024Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the University and College.
2. The present writ petition has been filed seeking the following reliefs:
"i. for issuance of an order, direction or writ including writ in the nature of certiorari quashing the order contained in Patna High Court CWJC No.5350 of 2024(2) dt.01-04-2024 2/3 memo number 458 dated 6/3/2024 whereby and where under the petitioners have been expelled from the college and its hostel for the period of one year and it has been said that they would join the college from the fifth semester along with the students of the academic session 2022-26. The petitioners were also directed to vacate the hostel within two days.
ii. For issuance of an order, direction, writ including writ in the nature of certiorari quashing the office order dated 23/02/2024 contained in letter number 392 whereby the petitioners have been said to be in leading role in the lockdown of the college by the students and he has also provoked the students. The petitioners have been asked appears before the disciplinary committee on 28/02/2024 along with their parents explains as to why he may not be expelled from the college.
iii. For issuance of an order, direction, writ including writ in the nature of mandamus commanding the respondents not to give effect to the order dated 6/03/2024 contained in memo number 458.
iv. For issuance of an order, direction, writ including writ in the nature of mandamus commanding the respondents to allow the petitioners to complete their course without being disturbed in any manner.
v. For issuance of an order, direction or writ including writ in the nature of Mandamus commanding the Respondents to allow the Petitioners to appear in the University Examination of the 5th Semester as per the schedule notified by memo no 3450 dated 15/12/2023. vi. For issuance of an appropriate declaration holding that petitioners have not violated disciplinary rules nor has he provoked any student to violate the disciplinary rules. vii. For any other relief(s) to which the petitioners may be found entitled in the facts and circumstances of the present case."
3. Learned counsel for the petitioners submits that due to protest by 200-300 students regarding some demands, the Principal of the College has passed Annexure-6, by which three students has been expelled for one year from the college and its hostel i.e. the petitioners, namely, Ayushi Anand and Nidhi Patna High Court CWJC No.5350 of 2024(2) dt.01-04-2024 3/3 Kumari and one Amrit. Learned counsel for the petitioners further submits that the Mid-Semester examination is going to be held from 08.04.2024.
4. Learned counsel for the University and College is directed to file detailed counter affidavit in the present case within a period of two weeks.
5. Considering the above made submission, the Principal of the College is directed to allow the petitioners to appear in the Mid-Semester exam which is scheduled to commence from 08.04.2024, subject to the final outcome of the present case.
6. List this case on 15.04.2024.
(Anjani Kumar Sharan, J) anand/-
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