CWJC/18419/2009 of RUPESH PRABHAKAR and ORS Vs THE STATE OF BIHAR and ORS on 24 December 2009

IN THE HIGH COURT OF JUDICATURE AT PATNA

CWJC No.18419 of 2009

RUPESH PRABHAKAR & ORS .

Versus

THE STATE OF BIHAR & ORS .

-----------

2. 24.12.2009

Heard learned Counsel for the petitioners, learned Counsel for the State and the learned Counsel for the B.R.A. University.

Learned Counsel for the State and the University urged that there is no pleading of an existing valid recognition and affiliation of Bhupendra Narayan Mandal Homeopathy Medical College and Hospital, Saharsa to permit its students to appear at the ensuing examination.

Counsel for the petitioners from Annexure 2 submits that earlier students of the same institution have been permitted by the Controller of Examinations to appear at the rescheduled earlier examination under a notice dated 7.11.2009.

In view of the pleadings this Court finds it difficult to pass any positive orders.

The writ application is disposed with the following directions:

If Bhupendra Narayan Mandal Homeopathy Medical College and Hospital, Saharsa has valid recognition from the State Government and affiliation to the respondent University, the admission of the students is valid to the extent of permissible intake capacity, its students shall be permitted to appear at the ensuing Homeopathy Examination.

Let the petitioners appear before the Vice Chancellor, B. R.A. University at Muzaffarpur when it is expected that necessary action/orders in accordance with law shall be taken by the Vice Chancellor and appropriate reasoned order passed. This Court expects that there shall be no delay to defeat the claim of the petitioners merely by a delayed consideration.

The writ application stands disposed.

Snkumar/-

(Navin Sinha,J.)