High Court Patna High Court - Orders

Alpana Mandal vs The State Of Bihar & Ors on 22 September, 2011

Patna High Court – Orders
Alpana Mandal vs The State Of Bihar & Ors on 22 September, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.3523 of 2007
              Alpana Mandal, DAUGHTER OF LATE ABHAY MANDAL,
              RESIDENT OF KESHABPUR JAMALPUR, P.O. AND P.S.-
              JAMALPUR, DISTRICT- MUNGER :---PETITIONER.
                                                   Versus
              1. The State Of Bihar
              2. SECRETARY, HUMAN RESOURCE DEVELOPMENT
                 DEPARTMENT, GOVT. OF BIHAR, PATNA.
              3. MAGADH UNIVERSITY, BODH GAYA, THROUGH ITS
                 REGISTRAR.
              4. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH
                 GAYA.
              5. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA.
              6. CONTROLLER OF EXAMINATION, MAGADH UNIVERSITY,
                 BODH GAYA.
              7. RAM MOHAN ROY COLLEGE OF EDUCATION, KHAZANCHI
                 ROAD, PATNA-4, THROUGH ITS PRINCIPAL.
              8. THE PRINCIPAL, RAM MOHAN ROY COLLEGE OF
                 EDUCATION, KHAZANCHI ROAD, PATNA-4
              9. THE SECRETARY, RAM MOHAN ROY COLLEGE OF
                 EDUCATION, KHAZANCHI ROAD, PATNA-4 :----
                 RESPONDENTS.
                                      ----------------------------------

For the petitioner :- Mr. Shyama Prasad Mukherjee, Senior Advocate.

Mr. Arvind Kumar Verma, Advocate.

For the University:- Mr. Anil Kumar Sinha, Advocate.
For the State :- Mr. Kundan Kumar, A.C. to S.C.-I.

========

4. 22.09.2011. Counsel for the Magadh University has filed

counter affidavit, which is taken on record.

2. Heard learned counsel for the petitioner,

State and the Magadh University.

3. This writ petition has been filed for a

direction to the authorities of the Magadh University

to grant the petitioner B.Ed. degree pursuant to the

mark-sheet dated 17th June, 1995 issued to the

petitioner after she became successful in the 1987

Annual B.Ed. Examination, held in the month of

September, 1994. Prior to the appearance of the
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petitioner in the said examination, petitioner was

admitted in the Rammohun Roy College of Education,

Khazanchi Road, Patna after verification of her B.A.

mark-sheet, College Leaving Certificate and other

certificates pursuant to notice dated 03.09.1987,

Annexure-2/1. After the admission of the petitioner

in the College, she was registered with Magadh

University, Bodh Gaya to pursue B.Ed. Course 1987-

88 Session in Rammohan Roy College of Education.

The registration-receipt even indicates her Roll No. in

the College. From the said receipt it also appears that

her Registration Number is 65415 of the year 1987.

In the light of her admission for pursuing B.Ed.

course in the Rammohun Roy College of Education

and her registration with the Magadh University she

pursued her B.Ed. studies in the session 1987-88.

Having completed the course she was allowed

Admission Card indicating the registration number,

Annexure-4 on the basis of which she appeared in

the 1987 B.Ed. examination conducted by the

Magadh University in September, 1994. After she

became successful in the said examination, mark-

sheet dated 17th June, 1995, Annexure-5 was also

issued to the petitioner indicating her registration

number of the University. In the light of the aforesaid
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documents when the request of the petitioner to

provide her with the B.Ed. degree was not considered

and granted by the authorities of the University, she

filed the present writ petition.

4. By filing counter affidavit the authorities

of the University have opposed the prayer made in

the writ petition on the ground that the College

Admission Register of Rammohun Roy College of

Education was called and from the Admission

Register it did not appear that petitioner was ever

admitted in the College to pursue B.Ed Course in

1987-88 Session.

5. While filing the aforesaid counter affidavit

the authorities of the University have not whispered

even a word about the genuineness of the Post Card,

Annexure-2/1 asking the petitioner to appear for

verification of College Leaving Certificate, B.A. mark-

sheet etc. for admission into B.Ed. Course, Session

1987-88, Registration Receipt, Admission Card and

the mark-sheet dated 17th June, 1995, Annexures-

2/1, 3,4,5. They have also not disputed the

genuineness of the College Leaving Certificate dated

30.6.1995, Annexure-6 issued by the authorities of

the Rammohun Roy College of Education to the

petitioner.

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6. There being no dispute about the

admission of the petitioner in the Rammohun Roy

College of Education in the B.Ed. Course Session

1987-88 and that she was registered for the said

course with the Magadh University and that she

appeared in the examination pursuant to Admission

Card, Annexure-4 and mark-sheet was given to her

dated 17th June, 1995, Annexure-5 and the College

Leaving Certificate dated 30.6.1995, Annexure-6, I

have no option but to direct the University

authorities to issue B.Ed. degree to the petitioner in

the light of her mark-sheet dated 17th June, 1995,

Annexure-5, as early as possible, in any case within a

period of two months from the date of

receipt/production of a copy of this order before the

Registrar of the University.

7. The writ petition is, accordingly, allowed.

P.K.P.                                    (V.N.Sinha,J.)