IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12071 of 2009 DEV NARAYAN KULDIP SANSKRIT MAHABIDYALAYA, AKHATA MOTIPUR, P.S. BAIRGANIYA, DISTRICT SITAMARHI THROUGH ITS SECRETARY, URMILA DEVI W/O. SRI RAMAKANT JHA, RESIDENT OF VILLAGE AKHATA MOTIPUR, P.S. BAIRGANIYA, DISTRICT SITAMARHI ----PETITIONER. Versus 1. KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY, DARBHANGA THROUGH ITS REGISTRAR. 2. THE VICE CHANCELLOR, KAMESHWAR SINGH DARBHANGA, SANSKRIT UNIVERSITY, DARBHANGA. 3. THE REGISTRAR, KAMESHWAR SINGH, SANSKRIT UNIVERSITY, DARBHANGA. 4. THE CONTROLLER OF EXAMINATION, KAMESHWAR SINGH SANSKRIT UNIVERSITY DARBHANGA. 5. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA---- RESPONDENTS. ----------- 02. 14.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner institution has filed this writ application through its Secretary praying inter alia to direct the respondent- Kameshwar Singh Darbhanga Sanskrit University, Darbhanga (hereinafter referred to as the University) to permit its students to appear in 2007 Up-Shastri Special Examination, which is scheduled to begin from 5.10.2009. Further prayer in this application is to allow the students of the College to appear in the Up-Shastri examination of 2008 as well for which fee and forms are being accepted but the date of examination is not announced. 3. Aforesaid prayer is being opposed by the learned counsel for the University on the ground that the State Government has issued instructions that the students of the college which does not have affiliation with the University should not be allowed to appear in the - 2 - Up-Shastri examination and in compliance of those instruction, the students of the petitioner college cannot be allowed to appear in the two examinations as the college in question does not have any affiliation with the University. 4. In rejoinder, counsel for the petitioner submitted that the direction of the State Government not to allow the students of non- affiliated college to appear in the examination was issued long time ago, but ignoring such direction, the University has allowed the students of other non-affiliated college including petitioner college to appear in the said examination for earlier session(s). The University having accepted the fee and forms from the students of the college for 2007 examination, but as the said examination was not held and now the said examination is going to be held from 5.10.2009 as special examination, the University should permit the students of the college to appear in the examination. 5. Having heard counsel for the petitioner and the University and having considered the aforesaid submissions, I direct the University to consider the case of the petitioner and if the students of the other non- affiliated college have been allowed to appear in the Up- shastri examination after issue of the instruction of the State Government ignoring the same, then same treatment should be allowed to the petitioner college as well. 6. This writ application is, accordingly, disposed of. Arjun/ (V.N.Sinha, J.)