Sanjeev Prakash Sharma, J.—The petitioner has prayed for issuance of a writ in the nature of Mandamus directing the respondent University (Dept. of Education) to take admission and allow the petitioner to attend the class of B.Ed. Session 2021 and further for issuance of a writ in the nature of mandamus commanding the Nodal University to conduct high level inquiry with regard to manipulation made in the above admission process and further for issuance of any other writ/writs, command/commands, directions/orders as the Court may deem it and proper in the facts and circumstances of the case.

2. Counsel for the petitioner submits that he has participated in the exam for admission to B.Ed. course and the final result was published by the Nodal agency namely L.N. Mithila University, Darbhanga. Candidates having much lesser marks were given admission in the same category as that of the petitioner, while he was deprived of the admission. On the said submission, this Court directed B.N.Mandal University to produce the marks obtained by all the candidates under E.B.C. category in a sealed cover. The case was not taken up during the Covid period, and thereafter, it came up before the Court and it was revealed that some candidates have been given admission on spot admission basis, having lesser marks than the petitioner. It was pointed out that the petitioner did not appear for on spot admission, and therefore, he could not be given admission.

3. In order to examine the entire controversies, it would be appropriate to state the facts as alleged by the petitioner in brief.

4. The Bihar B.Ed. Combined Entrance Test 2020 was conducted on 22.09.2020. Maximum 150 marks were laid down. The petitioner obtained 71 marks and was declared qualified. It is an admitted position that the petitioner did not get admission in the regular counselling conducted as per the schedule laid down for counselling. Three counselling rounds were conducted. The last counselling round was spot round counselling. Subsequently in terms of the order passed, the litigation taken up by some B.Ed colleges, a notification was issued by the Nodal University on 24.12.2020, allowing the B.Ed. Colleges to conduct spot counselling for admission from 26.12.2020 to 30.12.2020 for the unfilled vacancies. List of colleges with number of vacant seats was published on the website category-wise. In B.N. Mandal University, total vacancies were shown as 30 out of which 13 was for UR categories posts, 1 for ST, 10 for SC, 7 for EBC, 2 for BC and 4 for EWS were shown. The petitioner appeared for spot counselling on 26.12.2020 at B.N. Mandal University, Madhepura and he was directed to deposit admission fee which was deposited by him on 26.12.2020 itself. One Sanjeev Kumar was selected on spot admission having marks only 46%, while the petitioner was left out although he scored 71% marks. While there was no vacancy shown in spot admission, 18 candidates were admitted in the WBC category were admitted. The petitioner alleges that persons, who were admitted had not paid their fee also. It was also alleged that there was violation of roster as as many as 18 candidates of women category (BC) had been admitted. The petitioner further submits that the action suffered from malice in law as well as on facts and was in violation of the roster point. The complete remand relating to admission was therefore called in sealed cover by this Court. This Court was not inclined to interfere at the initial stage as no one was impleaded as a party, whereafter, the petitioner impleaded respondent no.8 as party. Other persons admitted by spot admission were also issued notice to appear and all of them have filed a joint reply.

5. The register was also called along with complete record including register containing the candidates’ photographs and signatures.

6. Counsel appears for the University had pointed out that the examinations of the B.Ed. have already been concluded and their result was to be declared.

7. Consi