Patna High Court - Orders
Rajeev Ranjan vs Jai Prakash University & Ors on 7 July, 2017
Author: Sharan Singh
Bench: Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5034 of 2017
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Rajeev Ranjan, Son of Jay Kishor Prasad Sah, Resident of
Nandtola, Nehru Chauk, P.O.- Chapra, P.S.- Chapra Town,
District- Chapra.
.... .... Petitioner/s
Versus
1. Jai Prakash University, Chapra through its Registrar.
2. The Vice Chancellor, Jai Prakash University, Chapra.
3. The Registrar, Jai Prakash University, Chapra.
4. The Controller of Examination, Jai Prakash University, Chapra.
5. The Principal, D.B.S.D.D. College, Rampur (Kadna), Garkha,
Chapra.
6. Vigilance Investigation Bureau, Bihar, Patna, through its
Director General.
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 5377 of 2017
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Sahastranshu Kumar Pandey, Son of Shri Sampurna Nand
Pandey, Resident of Village-Saikee, Saiki, P.O. Kewani, P.S.
Garkha, District-Chapra.
.... .... Petitioner/s
Versus
1. Jai Prakash University, Chapra, through its Registrar.
2. The Vice Chancellor,Jai Prakash University, Chapra
3. The Registrar, Jai Prakash University, Chapra,
4. The Controller of Examination, Jai Prakash University, Chapra
5. The Principal, D.B.S.D.D. College, Rampur (Kadna), Garkha,
Chapra.
6. Vigilance Investigation Bureau, Bihar, Patna, through its
Patna High Court CWJC No.5034 of 2017 (7) dt.07-07-2017
2/8
Director General.
.... .... Respondent/s
with
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Civil Writ Jurisdiction Case No. 5518 of 2017
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Raushan Raj, Son of Shri Krishna Kumar Singh, resident of village
- Karma, P.O. Siaruwa, P.S. Sanjhauli, District - Rohtas.
.... .... Petitioner/s
Versus
1. Jai Prakash University, Chapra through its Registrar.
2. The Vice Chancellor, Jai Prakash University, Chapra.
3. The Registrar, Jai Prakash University, Chapra.
4. The Controller of Examination, Jai Prakash University, Chapra.
5. The Principal, D.B.S.D.D. College, Rampur ( Kadna ), Garkha,
Chapra.
6. Vigilance Investigation Bureau, Bihar, Patna, through its
Director General.
.... .... Respondent/s
=========================================
Appearance :
(In all the cases)
For the Petitioner/s : Mr. Abhinav Srivastava, Adv.
Mr. Raushan, Adv.
Mr. Ujjawal Bhushan, Adv.
For the J.P. University : Mr. Anjani Kumar, Sr. Adv.
Mr. Nagendra Kumar Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
Patna High Court CWJC No.5034 of 2017 (7) dt.07-07-2017
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7. 07-07-2017The petitioners claim to be students of Devraha Baba Sridhar Degree College, Rampur (Kadna), Garkha, Saran at Chapra (hereinafter referred to as the "College"). These applications, under Article 226 of the Constitution of India, have been filed seeking a direction to the Jai Prakash University, Chapra (hereinafter referred to as the "University"), for issuance of the results and mark-sheets of the petitioners of Bachelor of Arts, Science and Commerce (Hons.) Examination, held by the University in the month of November, 2015.
2. It is the case of the petitioners that they had appeared for Part-I Examination, held in the month of September, 2013, and Part-II Examination, held in the year 2014, by the University and they have been declared passed in Part-I and Part-II Examinations and mark-sheets have been issued by the University in that regard. Original admit cards and the mark-sheets of the respective petitioners have been produced before this Court by the learned counsel for the petitioners.
3. The petitioners appeared in Part-III Examination in the year 2015 and it is their claim that they learnt that they had passed the said Examination, but it is their grievance that the University is not issuing their results and the mark-sheets. This is the background Patna High Court CWJC No.5034 of 2017 (7) dt.07-07-2017 4/8 in which the present writ applications have been filed.
4. A counter affidavit was filed on behalf of the University, stating therein that upon examining the case of the petitioners, the University learnt that the registration numbers of the petitioners, as claimed by them, were wrong and it was also found that the petitioners were admitted by the College beyond the sanctioned strength.
5. On perusal of the original documents, which have been produced by learned counsel for the petitioners, it appears that registration numbers of these petitioners, for Part-I and Part-II Examinations, have been mentioned in their respective admit cards as follows:
Names Registration Nos.
1. Rajeev Ranjan 1215602595
2. Sahastranshu Kumar Pandey 1215602161
3. Raushan Raj 1215600844
6. In the admit cards, issued for Part-III Examination, held in the year 2015, against registration numbers, "REGNA" has been mentioned, which possibly means "Registration Not Available".
7. Seeing the nature of controversy, by order, dated 11.05.2017, the University was directed to state specifically, on affidavit, whether the registration Patna High Court CWJC No.5034 of 2017 (7) dt.07-07-2017 5/8 Nos. 1215602595, 1215602161 and 1215600844 had been issued in favour of these petitioners or not and if not, whether such registration numbers have been assigned to any other student.
8. In compliance of the said order, dated 11.05.2017, a supplementary counter affidavit has been filed on behalf of the University in C.W.J.C. No. 5034 of 2017 (Rajeev Ranjan Vs. Jai Prakash University & Ors.), wherein, it has been stated that registration number, as claimed by the petitioner, i.e., 1215602595/12, has neither been issued in favour of the petitioner nor such registration number has been assigned to any other student and that such registration number does not exist. Similar stand has been taken in C.W.J.C. No. 5377 of 2017 (Sahastranshu Kumar Pandey Vs. Jai Prakash University & Ors.), stating that registration number, as claimed by him, i.e., 1215602161/12, has neither been issued in his favour nor such registration number exist. Dealing with C.W.J.C. No. 5518 of 2017 (Raushan Raj Vs. Jai Prakash University & Ors.), it is the stand of the University that registration number, bearing No. "1215600844/12", has not been assigned to the petitioner rather the said registration number has been assigned to one Arti Kumari, student of Bachelor of Arts, Music Patna High Court CWJC No.5034 of 2017 (7) dt.07-07-2017 6/8 (Hons.) Course.
9. On the one hand, learned counsel for the petitioners has produced before this Court the original documents in order to show that the petitioners were having the registration numbers, as claimed by them and mentioned in the admit cards and mark-sheets, whereas, on the other hand, it is the specific case of the University that no such registration numbers, as claimed by the petitioners, were issued in their favour. This is enough indication that at some level, or the other, fraud is being played and the affairs in this regard, requires deeper investigation by the Vigilance to find out as to who has manipulated at what level and for what purpose, leading to perpetration of fraud, which is clearly evident. Fraud is evidently of nature which constitutes criminal offence.
10. Learned senior counsel, appearing on behalf of the University, informed this Court that State Vigilance is investigating into the affairs of the College, in question, after registration of the First Information Report, bearing Vigilance P.S. Case No. 101 of 2016. In course of investigation into the said case, the Vigilance has detected that some of the students of the College had been allowed to appear for the University Examinations without being duly registered.
Patna High Court CWJC No.5034 of 2017 (7) dt.07-07-20177/8
11. Let Vigilance Investigation Bureau, through its Director General, be impleaded as respondent No. 6 to these writ applications.
12. Let the original documents, produced before this Court by the learned counsel for the petitioners, be kept in custody of the Court, to be handed over to learned senior counsel, representing Vigilance Investigation Bureau, in view of the nature of order, which is going to be passed.
13. I direct the Vigilance Investigation Bureau to register a separate criminal case to inquire into the dispute arising out of the claim, which is being raised on behalf of the petitioners, in view of the specific stand taken on behalf of the University that it is result of fraud committed at some level/levels.
14. The original documents, produced before this Court by the learned counsel for the petitioners, shall be handed over to learned senior counsel, who appears on behalf of the Vigilance Investigation Bureau, to be transmitted to the Superintendent of Police-cum-In-Charge.
15. The Investigation Officer, who is investigating Vigilance P.S. Case No. 101 of 2016, shall be the Investigation Officer of the case, to be registered Patna High Court CWJC No.5034 of 2017 (7) dt.07-07-2017 8/8 under the orders of this Court.
16. Considering the urgency of the matter, I direct the Superintendent of Police, Vigilance, Circular Road, Patna, to ensure that investigation is concluded within a period of one (1) month from the date of receipt/production of a copy of this order and inform this Court.
17. List these matters, under the same heading, on 07.08.2017 at 10.30 A.M.
18. Let a copy of this order be handed over to learned senior counsel for the Vigilance forthwith as well as learned senior counsel representing the University.
19. Learned counsel for the University shall be required to make available copies of the pleadings on record of these cases to the learned senior counsel for the Vigilance by 11.07.2017 (Chakradhari Sharan Singh, J.) Praveen-II/-
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