Patna High Court
BrijmohanversusThe Vice Chancellor
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court directed that the petitioner be allowed to file a representation before the Vice‑Chancellor, which must be disposed of within two weeks after hearing, and disposed of the writ application.
Summary
The petitioner, Brijmohan, filed a writ application seeking permission to appear in upcoming university examinations, to have his examination form accepted, and to punish university staff who allegedly refused his form. He also requested that the Vice‑Chancellor consider a representation he would file under the new CBCS regulations. The university raised no objection to the limited prayer. The Court, with the parties' consent, disposed of the writ by granting the petitioner liberty to file his representation within two weeks and directing the Vice‑Chancellor to decide it within another two weeks after hearing the petitioner. The Court emphasized that any order by the Vice‑Chancellor must be reasoned and, if the petitioner is found entitled, the relief should be granted. The writ application was therefore disposed of.
Issues considered
- What relief, if any, can be granted to a student seeking permission to appear in university examinations through a writ petition?
- Whether the court can direct a university authority to consider a representation filed by the student within a specified time frame.
Subjects
- writ jurisdiction
- university examinations
- CBCS regulations
- representation before university authority
- procedural fairness
- higher education
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7097 of 2024
======================================================
Brijmohan S/o Surendra Prasad Singh(Advocate), R/o Village- Katalpur, P.S.-
Baikunthpur, Dist- Gopalganj.
... ... Petitioner/s
Versus
1. The Vice Chancellor Patliputra University, Patna.
2. The Registrar Patliputra University, Patna.
3. The Examination Controller,Patliputra University Kankarbagh,Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Mishra, Adv.
Mr. Nilesh Kumar Nirala, Adv.
Mr. Amit Prakash, Adv.
For the Respondent/s : Dr. Anand Kumar, Adv.
Mrs. Rasika, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
7 02-04-2026 Heard learned counsel for the petitioner and learned
counsel appearing for respondent Patliputra University.
2. With the consent of the parties, the present writ
application is being disposed of at this stage itself.
3. In the present writ application the petitioner has
prayed for the grant of following reliefs:
“i. To allow the petitioner for
appearing in the coming examination
with regards to the petitioner bearing
Registration no. 184121111105001
(Part-I,II,III), L.P. Shahi College,
Ram Krishna Nagar, Patna.
ii. To allow the petitioner to accept the
examination form with immediate
step.
iii. To punish the erring staffs/
authorities who has/have refused to
Patna High Court CWJC No.7097 of 2024(7) dt.02-04-2026
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accept the examination form.
iv. Any ot her relief/ reliefs for which
the petitioner is entitled for;”
4. After advancing some argument, learned counsel
for the petitioner submits that the petitioner is prepared to file a
representation before the Vice-chancellor of respondent
Patliputra University, Patna in light of new regulation for the
Bachelor of Arts/Science/Commerce (Honours) CBCS System
of Patliputra University. He, therefore, prays that an appropriate
direction be issued to the Vice-chancellor of the respondent
Patliputra University, Patna to dispose of his representation
which would be filed by the petitioner, within a fixed time
frame, after giving an opportunity of hearing to the petitioner.
5. To the aforesaid prayer being made by learned
counsel for the petitioner, learned counsel appearing for
respondent Patliputra University, Patna does not have any
objection.
6. Considering the limited nature of prayer being
made by learned counsel for the petitioner, this writ application
is disposed of granting liberty to the petitioner to file a
representation before the Vice-chancellor, Patliputra University,
Patna in light of the new Regulations for the Bachelor of
Arts/Science/Commerce (Honours) CBCS System of Patliputra
Patna High Court CWJC No.7097 of 2024(7) dt.02-04-2026
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University, within two weeks from the date of passing of this
order, and if such a representation is filed by the petitioner, the
same shall be disposed of within a further period of two weeks
from the date of receipt of the representation, after giving an
opportunity of hearing to the petitioner.
7. Needless to emphasize that the final order which
shall be passed by the Vice-chancellor, Patliputra University,
Patna should be a reasoned and speaking order. It is further
made clear that in case the petitioner is found entitled to the
relief, which the petitioner would be claiming through the
representation, the same should be extended to the petitioner.
8. With the aforesaid observation and direction and
liberty as granted, the present writ application stands disposed
of. Pending I.As, if any will be deemed to have been disposed
of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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