IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.282 of 2009 ASHUTOSH KUMAR son of Tej Bahadur Roy, resident of Chainpur Kothi, Nawal Kishore Road, Kadam Kuan, P.O & P.S Kadam Kuan, District Patna Versus 1. THE STATE OF BIHAR through the Secretary, Human Resources and Development Department, Government of Bihar, Patna 2. The Chancellor of Universities, Bihar, Patna 3. The Vice Chancellor, Patna University, Patna 4. The Director-cum-Principal, Patna College, Patna 5. The BBA Course Coordinator-cum-Head of the Department of Economics, Patna College, Patna 6. Rajiv Kumar Pathak, son of Sri Sanjay Kumar Pathak, resident of Block 17, Flat no.5, Adalatganj, PS Kotwali, District -Patna 7. Renu Kumari, daughter of Sri Yogendra Singh,C/o Mukteshwar Upadhya, Pakari Ara, Mission Road North of Gas Agency, PS Ara, District – Bhojpur 8. Sudhir Kumar, son of Sri Satya Narayan Singh, C/o K P Singh, Jai Mahavir Colony, Road no.3, Sandalpur, Patna 6,PS Bahadurpur, District – Patna 9. Najmus Saquib, son of Sultan Loj, resident of Lohianagar, Alamganj, PS alamganj, Patna -7, District –Patna 10. Rajesh Kumar, son of Sri Sukhdev Roy, resident of village Khajpura, PO Bihar Veterinary College, PS Sirpent,District – Patna 11. Sujeet Kumar, son of Virendra Yadav, PO Umagaon, PS Harlakhi, District –Patna 12. Ravi Ranjan, son of Jagat Singh, resident of Kurkuri Phulwari Sharif, PS Phulwarisharif, Patna – 801505, District –Patna 13. Juhi Rani, daughter of Sri Ram Naresh Pandey, resident of Shivpur, Mahendru, PS Sultanganj, District – Patna 14. Dilip Kumar, son of Siyaji Ray, resident of Kadamkuan, Park Road, Patna - 3 , PS Kadam Kuan District Patna 15. Sudarshan Kumar, son of Arun Singh, C/o Shyam Narayan Singh, P.O. +Vill. Alamalpur, PS Gaurichak,District – Patna 16. Noopur Kumari, daughter of Shiv Shankar Poddar, resident of A-1 Kasturba Nagar, South of Bazar Samiti, Patna – 800006 17. Dhiraj Kumar Dubey, son of Sri Rabindra Nath Dubey, resident of Adalatganj, PS Kotwali, District –Patna 18. Danish Khan, son of Hussain Khan, resident of Anwar Manzil, Moharrampur, PS Pirbahore, Bakerganj, Patna -4 19. Aman Kumar Dubey, son of S N Dubey, resident of Shahugunj Lane, Mahendru, Patna, PS Sulganganj, District – Patna 20. Anand Kumar, son of Sri Binod Prasad, resident of Quila Road, Chamdoria, Patna City – 800008, PS Chowk, District –Patna 21. Md. Shawoor Alam, son of Sri Md. Mohiuddin, C/o M A Wassaif Lodge, Azzimabad Colony, Mahendru, PS Sultanganj, District – Patna 22. Rajesh Kumar, son of Sri Rama Prasad Singh, PO+Vill+PS Khair, District Chapra 23. Amit Raj, son of Rabindra Prasad, C/o Late Ayodhya Mahto, At Bishwa Sadar, Indira Nagar, Road no.1, PS Jakkanpur, District – Patna 24. Dharmendra Kumar, son of Sri Pramod Yadav, At PO Bari Pahari, PS Agam Kuan, District – Patna - 2 - 25. Rishikesh Ranjan, son of Shambhu Sharan Singh, resident of East Chitragupta Nagar, Kankarbagh, Patna -20, Patrakar Nagar, District – Patna 26. Amit Kumar, son of Anil Kumar, At + PO Thari Bhawanipur, PS Pipra, Via Pipra, District- Supaul…….. …Intervenors Respondents 27. Manish Kumar, son of Sri Abhay Kumar, resident of Village Sachai, PO & PS Kurth,District- Arwal 28. Anamika, daughter of Sri Dinanath Prasad,d resident of New Bangali Tola, East Mithapur, PO & PS New Jakkanpur, District – Patna 29. Ankita Kumari, daughter of Sri Laxmi Narayan Paswan, resident of Bahadurpur Gumti, Rajendra Nagar, PO & PS Kadam Kuan, District – Patna 30. Monika, daughter of Sri Surendra Prasad Singh, resident of SK/4 Road No.11C, Chitrakut Nagar, LIC Colony, PO & PS Digha, District – Patna 31. Ravi Shankar, son of Sri Raj Kumar Sharma, resident of Sanjay Nagar, Road No.10, PS Jakkanpur, District – Patna 32 Priyanka Kumari, daughter of Sri Rabindra Kumar, resident of Mahallah Munnachowk, PS Patrakar Nagar, District – Patna 33. Manjari Kumari, daughter of Shri Sunil Kumar Jha, resident of Maa Jageshwari Tower, B-201, Bahadur Gumti, PS Agam Kuan, District – Patna 34. Dinanath Singh Priyadarshi, son of Sri Surendra Prasad Singh, resident of village Chandni, PS Kadigola, District – Rohtas 35 Abhishek Kant son of Rama Nand Prasad, resident of Kazipur, PS Kadamkuan, District –Patna 36. Pawan Kumar, son of Ram Lochan Singh, resident of Khatri Comercial Complex, Mahendru, PS Pirbahore, District –Patna 37. Chandan Kumar Sah, son of Late Sri Motilal Sah Yadav, resident of VIP Colony, Rai Hasanpur Chaintola, PS Digha, District –Patna 38. Md. Kamran Arif, son of Md. Arif Hussain, resident of Mushalapur, PS Pirbahore, District – Patna 39 Chandan Kumar, son of Sri Pramod Prasad Singh, resident of SK/4 Road no.11C, Chitrakut Nagar, LIC Colony, PO & PS Digha, District – Patna 40. Niharika Ranjan, daughter of Lallan Prasad, resident of Khazanchi Road, PS Pirbahore, District – Patna 41. Avinash Kaushik, son of Sri Randhir Sharma, resident of Khagaul Bazar, PS Digha, District – Patna 42. Kausar Khan, son of Noor Alam Khan, resident of Garhiver Bhagwan, Bazar Chapra, PS, District – Chapra 43. Sonam Kumari, daughter of Sri Anil Kumar Bhagar, resident of Ashok Rajpath, PS Pirbahore, District – Patna 44. Ahmar Hussain, son of Shamim Hussain, resident of Qutubuddin Lane, Dariyapur, PS Pirbahore, District –Patna 45 Versha Rani, daughter of Sri Arun Kumar Bhagat, resident of Ashok Rajpath, PS Pirbahore, District – Patna…………. Petitioners-----respondents ----------- For the appellant: Mr. Y.V. Giri, Sr. Advocate Sri Rajkishore Pd. Advocate For the University: Mr. R. K. Giri, Advocate For the Chancellor of the Universities: Mr. Shivendra Kishore, Advocate ----------------- 3 30-03-2009 Heard the parties. - 3 - Mr. Y. V. Giri, Senior Advocate appearing for the appellant advanced some submissions on merits. However, he finally confined his submissions only in respect of two grievances. In paragraph 32 of the judgement under appeal the learned Single Judge has concluded that in his view the admission of 146 students in BBA course of Patna University were beyond the sanctioned strength of the BBA course and the same were obtained by fraud attributable to the Director-cum- Principal, Course Co-ordinator and others such as parents who acted for and on behalf of admitted candidates. Learned Single Judge further came to a finding that the students cannot be permitted to retain the benefits of admission because it had been obtained by fraud. The writ petition was, therefore, dismissed. According to learned counsel for the appellant while dismissing the writ petition it was not required to observe against the parents of the admitted candidates because that may lead to criminal case against the admitted students or their parents only on the basis of such observation. Elaborating the submission it was pointed out that in such a situation the students or their well wishers are either the victims of fraud or misuse of power by the authorities or they are good witness of such crime by the authorities. The next grievance raised on behalf of appellant is that inspite of taking a clear stand that the candidates whose admission has been cancelled shall be refunded with the money taken from them as fee for the course, the appellant has not been paid back the fee deposited by him. - 4 - So far as the first grievance is concerned, on a careful consideration of the scope and ambit of the writ petition, We are in agreement that the observation in question was not necessary to be made. Hence, the observation against the appellant and others who acted for admitted candidates shall not be treated as observation against the admitted candidates or their parents. Learned counsel for the Patna University has submitted that the second grievance of the appellant is without any substance because fees of similar candidates have already been refunded by the institution and the same shall be done to the petitioner also as soon as he approaches the concerned authorities. In view of aforesaid stand of the University, We observe that if the appellant has not been paid back his fees as per decision of the University then the due amount should be refunded to him without any delay and in any case within two weeks from today. The Letters Patent Appeal is disposed of. BKS/ (Shiva Kirti Singh,J.) (Dharnidhar Jha, J.)