Patna High Court
Aashish RanjanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
The order was passed by a competent authority and the writ petition is dismissed.
Summary
The petitioners, two students, challenged an order dated 11 June 2024 issued by the Principal of Darbhanga Engineering College that cancelled their backlog examination and expelled them for alleged unfair means. They argued that the order was passed by an incompetent authority, contending that disciplinary matters of this nature should be dealt with by the Examination Disciplinary Committee of Aryabhatta Knowledge University under its conduct rules. The respondents, including the State of Bihar, Bihar Engineering University, and the college, maintained that the Principal acted as a competent authority under Clause‑5 of the university's disciplinary regulations. The court examined the pleadings and found that the petitioners had not actually raised the jurisdictional ground in their writ and had instead filed a representation before the Director, Science and Technology, thereby accepting the disciplinary process. Consequently, the court held that the order was valid and dismissed the writ, directing the Director to decide the pending representation within three months. The judgment leaves open the possibility of further challenge if the Director’s decision is adverse.
Issues considered
- Whether the order dated 11‑06‑2024 cancelling the examination and expelling the petitioners was passed by a competent authority under the applicable disciplinary rules.
- Whether the petitioners could set aside the order on the ground of lack of jurisdiction.
- Whether the writ petition should be dismissed in view of the pending representation before the Director, Science and Technology.
Subjects
- unfair means
- examination discipline
- disciplinary rules
- jurisdiction
- writ petition
- expulsion
- higher education
- review representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11526 of 2024
======================================================
1. Aashish Ranjan Son of Noroj Singh, Resident of Village and Post Office-
Pansalwa, Police Station- Beldaur, District- Khagaria.
2. Ram Kumar, Son of Rajendra Kumar, Resident of Village- Dohat Narayan,
Police Station- Baheri, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Science and Technology
Department, Government of Bihar, Patna.
2. The Principal Secretary, Science and Technology Department, Government
of Bihar, Patna.
3. The Director, Science and Technology Department, Government of Bihar,
Patna.
4. The Bihar Engineering University, through its Registrar, Mithapur, Patna.
5. The Registrar, Bihar Engineering University, Patna, 6th Floor, Examination
Block, A.K.U. Campus, Mithapur, Patna- 01.
6. The Principal, Darbhanga Engineering College, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Shankar Roy, Adv.
For the State & Respondent No.6: Mr. Standing Counsel-11
Mr. Pyush Kumar Pandey, AC to SC-11
For the BEU : Mr. Satyam Shivam Sundaram, Adv.
Mr. Ankit, Adv.
Mr. Aman Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
14 23-04-2026 Heard learned counsel for the petitioners, learned
counsel appearing for Bihar Engineering University, learned
counsel for respondent no.6, the Principal Darbhanga
Engineering College and learned counsel for respondent-State.
2. The petitioners in the present writ application has
prayed for the grant of following reliefs:
“(i) For issuance of an appropriate
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writ, order, direction to allow the
petitioners to appear in 8th semester
examination after accepting his fee
form and midterm examination which
is scheduled from 05.08.2024 to
17.08.2024 and midterm exam on
02.08.2024.
(ii) For issuance of an appropriate
writ, order, direction to quash the
order bearing letter no. 988 dated
11.06.2024 passed by respondent no. 6
by which the following punishments
has been awarded against
petitioners:-
(A) Petitioners have been found that
major offence defined under clause- 3
of the regulation have been
committed.
(B) The petitioner's examination of
Backlog of 5th semester examination
2023 was cancelled for unfair means
and further the petitioners have been
expelled from the college.
(iii) For issuance of any other relief or
reliefs for which the petitioners is
found entitled under law.”
3. With regard to relief claimed in paragraph-1(i),
learned counsel for the petitioners submits that the same has
become infructuous and therefore he is not pressing the same
and confining the present writ application to the relief claimed
in paragraph-1(ii) of the writ application.
4. In the writ application the petitioners have
challenged the order contained in Letter No.988 dated
11.06.2024 by which the petitioners’ examination of Backlog of
5th semester examination 2023 has been cancelled for indulging
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in unfair means and also the petitioners have been expelled from
the college.
5. While advancing argument learned counsel for the
petitioners assailed the impugned order dated 11.06.2024
contending that it has been passed by an incompetent authority
in terms of Rule-3 of Disciplinary Rules for Government
Engineering Colleges/Polytechnics (Annexure-12), which is not
attracted in the facts and circumstances of the present case and
hence the impugned order passed by authority is without
jurisdiction and void abi nitio. Buttressing this point further,
learned counsel for the petitioners submits that in the facts and
circumstances of the present case, particularly in light of the
Letter No.2415 dated 24.07.2024 (Annexure-P/9) issued by
Bihar Engineering University Patna, the matter relating to
indulging in unfair means and therefore the same should have
been taken up and decided as per the regulation framed by the
Aryabhatta Knowledge University, which has been brought on
record by way of Annexure-P/10. He particularly refers to
Clause-9 of appendix-1 of the said ‘Rules regarding Conduct
and Discipline’ which is quoted herein below for needful:
“9. Cases of adoption of unfair
means in an examination shall be dealt with
by the Examination Disciplinary Committee
of A. K. University Patna. If adoption of
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unfair means is proved, the punishment may
be, depending on the quantum of the offence
and prior record, reduction of grade, de-
registration of a course, expulsion for one or
more semesters or outright expulsion from
the Institute.”
6. Per contra, learned counsel appearing for the
respondent Bihar Engineering University, for respondent no.6,
the Principal Darbhanga Engineering College and the
respondent-State submits that the impugned order has been
passed by a competent authority and even as per Clause-5 of
Appendix-1 of the ‘Rules regarding Conduct and Discipline’
framed under the regulation of Aryabhatta Knowledge
University, all major acts of indiscipline, which may have
serious repercussion on the students in general and/or which
may warrant a uniform and more formalized nature of
investigation are to be handled by the Institute’s Disciplinary
Committee appointed by Principal of the College. Therefore,
from that point of view also, as per the respondent college and
the Bihar Engineering University, the impugned order has been
passed by a competent authority.
7. Learned counsel appearing for the respondents also
submits that the argument advanced by learned counsel for the
petitioners that the impugned order has been passed by an
incompetent authority is an argument of desperation which is
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not based on any foundational fact/pleading in the writ
application. In fact, from the conduct of the petitioners it is
manifest that the petitioners in terms of the liberty granted by
the impugned order read with Clause-6 of the ‘Disciplinary
Rules for Government Engineering Colleges and Polytechnics’,
has already filed a representation before the Director, Science
and Technology, Government of Bihar, Patna on 31.06.2024
(Annexure-P/7) thereby submitting himself to the authorities
under the ‘Disciplinary Rules’. In this regard paragraph nos.14,
15 and 16 of the writ application are quoted herein below for
needful:
“14. That, thereafter the Principal,
Darbhanga College of Engineering,
Darbhanga issued office order
bearing letter no. 988 dated
11.06.2024 by which the petitioners
have been awarded punishment for
major offence cancelling the 5th
semester examination of petitioners
for back log paper and also
petitioners have been expelled from
the College for the allegation not
mentioned in the show cause notice
(Annexure-P/4).
A photo copy of the office order
bearing letter no. 988 dated
11.06.2024 is being annexed
and marked herewith as
Annexure-P/6 to this
application.
15. That, there was a suggestion in
Annexure- P/6 to file representation
before Director, Science and
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Technology Department, Government
of Bihar if aggrieved hence the
petitioner no. 1 made representation
dated 21.06.2024 before Director,
Science and Technology, Government
of Bihar statingall the real facts and
prayed to cancel the order contained
in Annexure- P/6.
A photo copy of the
representation dated
21.06.2024 is being annexed
and marked herewith as
Annexure-P/7 to this
application.
16. That, till date no order has been
passed by Director, Science and
Technology, Government of Bihar,
Patna on the representation of
petitioner no. 1 contained in
Annexure- P/7 and in the meantime
dates for submission of fee / form for
appearing in 8th semester (end
semester) has expired and
examination of 8th semester has been
scheduled from 05.08.2024 to
17.08.2024 and midterm examination
on 02.08.2024.
A photo copy of the notice
memo no. 1215 dated
06.05.2024 issued by
Examination Controller, Bihar
Engineering University is being
annexed and marked herewith
as Annexure- P/8 to this
application.”
8. On a careful consideration of the submissions made
by both the parties and also on a careful perusal of the pleadings
contained in the writ application and the subsequent affidavits
filed by the petitioners, it is unequivocally clear that the
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petitioners have not pleaded or made any averment challenging
the impugned order on the ground of having been passed by an
incompetent authority. In fact, from the conduct of the
petitioners of availing the remedy provided by the impugned
order of filing a review petition before the Director, Science and
Technology, Government of Bihar, Patna read with Rule-6 of the
‘Disciplinary Rules’ makes it absolutely clear that the
petitioners accepts the applicability of the ‘Disciplinary Rules’
and has therefore submitted himself to the jurisdiction of the
authority under the said Rule by filing a review
application/representation before the Director, Science and
Technology, Government of Bihar, Patna vide Annexure-P/7,
which as per the petitioners is still pending consideration.
9. Under the aforesaid facts and circumstances, I do
not find any merit in the submission made by learned counsel
for the petitioners that the impugned order has been passed by
an incompetent authority and accordingly the present writ
application stands dismissed. However, since the review
application/representation dated 21.06.2024 is pending before
the Director, Science and Technology, Government of Bihar,
Patna vide Annexure-P/7, I consider it appropriate to direct the
Director, Science and Technology Department, Government of
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Bihar, Patna to dispose of the pending review
application/representation of the petitioners within a period of
three months from the date of passing of this order, after giving
an opportunity of hearing to the petitioners. If the final decision
of the Director, Science and Technology, Government of Bihar,
Patna goes against the petitioners, the petitioners would be at
liberty to challenge the same in accordance with law.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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