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Patna High Court

Ankit Kumar Shukla & Ors vs The State Of Bihar & Ors on 3 January, 2018

Author: Chakradhari Sharan Singh

Bench: Sharan Singh, Chakradhari Sharan Singh

        IN THE HIGH COURT OF JUDICATURE AT PATNA
            Civil Writ Jurisdiction Case No.4472 of 2017
=========================================
1. Ankit Kumar Shukla, Son of Aditya Kumar Shukla, Resident of
Tam Nagar, Uffrail Chowk, By Pass Road, P.S. Maranga, District-
Purnea- 854301.
2. Nitika Gupta, Daughter of Pramod Kumar Gupta,             Resident of
Bari Khanjarpur, Masjid Lane, P.S. Bari Khanjarpur, Bhagalpur-
812001.
3. Ujjawal Kumar, Son of Upendra Thakur, Resident of Ward No.
1,   N.H.    106,   Bharrahi   Bazar,   Madhuban,     P.S.   Madhuban,
Madhepura- 852113.
4. Tanu Kumari,       Daughter of Ramkripal Singh,           Resident of
Hospital Road, Balehi, Jayram, P.S. Belahi Jayram, District-
Sitamarhi.
5. Namita Kumari,         Daughter of Umesh Rajak,           Resident of
Chunapur Road, Sipahi Tola, P.S. K. Hat, Purnea- 854301.
6. Sonu Kumar,       Son of Suresh Muni,        Resident of Gondwara,
Marwa, P.S. Korha, District- Katihar- 854104.
7. Sahil,    Son of Avadesh Kumar Sinha,        Resident of Naya Tola,
Line Bazar, P.S. Khajanchi Hat, Purnea- 854301.
8. Rahul Ranjan, Son of Sudhir Kumar, Resident of B- 619 PTS,
N.T.P.C. Kahalgaon, P.S. Kahalgaon, Bhagalpur- 813214.
9. Ramanuj Kumar,         Son of Ram Swarup Pandit,          Resident of
Babua Bazar, Piri Bazar, P.S. Piri Bazar, District - Lakhisarai-
811112.
10. Neha Kumari,       Daughter of Ajay Kumar Singh,         Resident of
Block   Colony,     Bus   Stand,   Ward   No.    3,   Banmankhi,    P.S.
Banmankhi, District- Purnea- 854202.
11. Bhaskar Kumar Jha, Son of Vishwanath Jha,                Resident of
Jhitkeyhi, Ekehari, Ladania, P.S.- Ekehari, District- Madhubani-
854202.
12. Suman Kumar Bittu, Son of Subodh Kuma r, Resident of Jail
Chowk, Zila School Road, Near Micro Wave Station, P.S. K. Hat,
 Patna High Court CWJC No.4472 of 2017 dt.03-01-2018

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    Purnea- 854301.
    13. Md. Shakib Alam,                Son of Md. Juber Alam,               Resident of
    Kukroun, Amari Kukroun, P.S. Dhamdaha, Purnea- 854205.
    14. Altamash Hussain, Son of Fasih Alam,                    Resident of Mahboob
    Khan Tola, Near Bus Stand, P.S. K. Hat, Purnea- 854301.
    15. Md. Danish, Son of Md. Rizwan, Resident of Mahboob Khan
    Tola, Near Bus Stand, P.S. K. Hat, Purnea- 854301.
    16. Kundan Kumar, son of Sushil Kumar Singh, Resident of Shiv
    Shakti Nagar, Near Old Power Grid, P.S. Maranga, Purnea-
    854301.
    17. Sourav Kumar, Son of Manohar Rajak, Resident of Keshupur
    Nadu Mohalla, Jamalpur, P.S. Jamalpur, Munger- 811214.
    18. Vidya Vihar Institute of Technology, B.I.A.D.A., Maranga, P.S.
    Maranga, Purnea through its Assistant Professor Sri Om Prakash
    Singh,      Son of Late Amarjeet Singh,                 Resident of Vidya Vihar
    Institute of Technology, B.I.A.D.A., Maranga, P.S. Maranga,
    Purnea.
                                                               ....   ....   Petitioner/s
                                               Versus
    1. The State of Bihar through the Principal Secretary, Department
    of Science and Technology, Govt. of Bihar, Patna.
    2. The Admission Supervisory Committee through its Member
    Secretary-cum- Principal Secretary of Science and Technology
    Department, Govt. of Bihar, Patna.
    3.    The     Director,      Department           of   Science    and    Technology
    Department, Govt. of Bihar, Patna.
    4.    The     Vice-    Chancellor,         Aryabhatta     Knowledge       University,
    Chanakya        National      Law      University      Campus,     Mithapur,    P.S.
    Jakkanpur, Patna- 800001.
    5. Aryabhatta Knowledge University, Patna through its Registrar.
    6.    The      Controller      of    Examination,        Aryabhatta       Knowledge
    University, Patna.
    7. Bihar Private Technical & Professional Institutions Association
    through its Chairman, C/o- G- 102, Ranjeet Complex, Talpetra
 Patna High Court CWJC No.4472 of 2017 dt.03-01-2018

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    Lane, Budh Marg, P.S.- Kotwali, Patna- 800001.
                                                                       ....        .... Respondent/s
    =========================================
    Appearance :
    For the Petitioner/s                :         Mr. Sanjay Kumar, Adv.
    For the Respondent/s                :         Mr. P.N.SHAHI-AAG6
    For the University                 :          Mr. Sanjay Sinha, Adv.
    =========================================
    CORAM:          HONOURABLE                    MR.      JUSTICE                 CHAKRADHARI
    SHARAN SINGH
    ORAL JUDGMENT & ORDER

Date: 03-01-2018 Following are the reliefs sought in the present writ application:-

(i) Issuance of a writ in the nature of writ of certiorari to quash/set aside the notification dated 19.01.2017 vide its Ref. No. 005/Exam/001/AKU/2016-170 as contained in Annexure-6 of this writ application, whereby and whereunder the respondent Controller of Examination, Arybhatta Knowledge University has decided to register only such students for their Ist Semester B-

Tech Examination who have been admitted in their respective colleges on the basis of an examination through either Bihar Combined Entrance Competitive Examination or the Exam Patna High Court CWJC No.4472 of 2017 dt.03-01-2018 4/4 conducted by Bihar State Engineering Private Association.

(ii) Issuance of a writ again in the nature of writ of Mandamus commanding the respondent authorities especially to Respondent Nos. 2 and 7 to conduct an examination for admission in B.Tech in different private engineering colleges in the State of Bihar and on the basis thereof the petitioners/other similarly placed students may also be registered with the University.

(iii) Issuance of any other writ/ writs, order/ orders, direction/ directions to grant relief/ reliefs to which the petitioner may be entitled to in the facts and circumstances of the case.

2. The issue involved in the present writ application has already been decided by this Court in case of Netaji Subhas Institute of Technology Vs. The State of Bihar & Ors., reported in 2017(4) PLJR 975.

3. This writ application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Praveen-II/-

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Uploading Date 11.01.2018 Transmission N/A Date