IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
(8.10.2021)
CWJC No. 3368 of 2021
Shashank Tiwari : Petitioner
Vs.
Central University of South
Bihar & Ors. : Respondents
University Law – Admission – B.A. L.L.B. (H.) Course – Court can neither bend rules nor pass any order contrary to law – Observance of time schedule is of paramount importance for timely grant of admissions, commencement of academic session and for timely completion of course – Not only session in question is coming to an end but last date for admitting students, as fixed by UGC is over long back and no relaxation can be granted to petitioner – Petitioner is having poorer score than other candidates – Writ petition dismissed – Fees deposited by petitioner shall be refunded forthwith. (Paras 4 to 6)
MOHIT KUMAR SHAH, J.:–The present writ petition has been filed seeking the following reliefs:—
“I. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the respondents to admit the petitioner in the vacant seat of the B.A. L.L.B. (H.) course as he was in the first merit list of the University.
II. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the respondent to quickly initiate and complete all necessary admission procedures with the petitioner so that the petitioner does not have to lose one year due to the delay in his admission.
III. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the respondents to support the petitioner in terms of attendance and other required formalities once he is allowed to be admitted.
IV. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the respondent no. 2 to immediately suspend and issue a show cause to respondent no. 3 and demand a clarification that why the office of Controller of Examinations has been failing in providing replies to the repeated emails and phone calls by the concerned students including the petitioner.
V. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the respondents to pay him Rs. 50,000/- (Fifty thousand only) as compensation for all the mental agony and suffering he has underwent due to inhuman and negligent attitude of the respondent University.”
2. The brief facts of the case, according to the petitioner are that the petitioner, after finishing his intermediate studies and having passed 12th standard from St. Laurence School, Uttar Pradesh had applied for admission in the 5 year integrated B.A. LL.B (Honors course), in the respondent Central University of South Bihar, through the Central University Common Entrance Test (hereinafter referred to as the ‘CUCET’), 2020. The CUCET, 2020 was notified in the month of February, 2020 and applications were invited from candidates for admission in various courses in 14 universities including the respondent University, whereafter the entrance examination was held and the petitioner had also appeared in the examination held on 18.09.2020 by the offline mode, pursuant to him having filed appropriate application. The first merit list of BA LL.B (Honors Course) was released on 06.11.2020 and the petitioner had stood at the 33rd rank, making him eligible for seeking admission in the Central University of South Bihar. The last date of payment of fees was fixed as 09.11.2020, however, since the family of the petitioner was going through a bad financial condition, the petitioner could not make payment on or before 09.11.2020, however, he had made a payment of a sum of Rs. 11,229/- on 12.11.2020. Thereafter, the petitioner was not granted admission leading to him having filed representation by email, before the respondent university. It has been submitted that the university had issued a notice dated 18.11.2020, by which the last date for depositing the programme fees was extended up to 22.11.2020. It is also submitted that the final list of the eligible students who were to be admitted in the college was released vide circular dated 30.11.2020. It is further that though nine seats were left vacant, the name of the petitioner was not mentioned in the final list, though he had made payment of fees on 12.11.2020 and the new deadline had been fixed as 22.11.2020. Thus, it is submitted by the learned counsel for the petitioner that a sympathetic view of the matter be taken so that the petitioner is not made to lose one year.
3. Per contra, the learned Sr. Counsel for the respondent University Shri S.D. Sanjay has submitted that the present case pertains to the academic year 2020-21, en
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