IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4040 of 2011 Kriti Kumari, D/o Shri Krishna Prasad, resident of Gola Road, In front of Patishul Masjid, P.O. + P.S. Danapur Cantt. District Patna………………………………………………………………….…………Petitioner Versus 1. The State Of Bihar 2. The Patna University through its Registrar, Patna. 3. The Vice Chancellor, Patna University, Patna. 4. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 5. The Director, Human Resources Department (Research and Training) Govt. of Bihar, Patna. 6. The Controller of Examinations, Patna University, Patna. 7. Women’s Training College through its Principal, Patna. 8. Suman Kumari, W/o Shri Sambhu Nath Sharma, resident of Village Kawakole, P.S. Nath Nagar, District Bhagalpur…………………..Respondents ----------- For Petitioner: M/s Yashraj Bardhan & Anirudh Kumar Singh, Advocates For University: Mr. Ajay Kumar Sinha, Advocate For Respondent No.8 Mr. Mithilesh Kumar Singh, Advocate 6 03.05.2011 Heard learned counsel for the petitioner, learned counsel for the University and also learned counsel for respondent no.8. Learned counsel for the petitioner submits that admission of the petitioner was cancelled from Women’s Training College, Patna, after she took her admission and attended classes for some 2 time, on the ground that one another candidate of the same category having higher marks had, inadvertently, been left out. Learned counsel for the petitioner submits that petitioner was never informed about the same earlier. He submits that it was appropriate for the University authorities to take the petitioner into confidence and satisfy her that she was admitted by mistake as one candidate having higher marks had been inadvertently left out. He also submits that since petitioner has got admitted and attended her classes; respondents should not have cancelled her admission. Counter affidavit has been filed by the officials of the University. It is stated therein that the seat in the B. Ed. course is fixed at 120 by the National Council of Teacher Education and hence, the University has no power to increase even a single seat by admitting more students. It is stated that soon after Session started, it transpired that one candidate i.e. respondent no.8 having higher marks and 3 belonging to the same category had been inadvertently left out because her name and category was not correctly mentioned in the merit list although roll number was correctly mentioned therein. Hence, the merit list was corrected and correct name and category of respondent no.8 was replaced in the merit list and she having higher marks was allowed admission by cancelling admission of petitioner. Learned counsel for the petitioner submits that the matter was required to be examined by the Admission Committee and the petitioner ought to have been taken into confidence and ought to have been shown documents to prove that respondents no.8 was, in fact, of the same category and was having higher marks. He submits that this has not been done and the Vice Chancellor of the University forming a Committee himself has taken a decision which is not authorized under the Universities Acts and Statutes. Since the matter is of satisfaction of the petitioner, this Court considers it appropriate that if the petitioner appears 4 before the Registrar of the University, he shall call for all the original documents including original application of respondent no.8, shall show the same to the petitioner and demonstrate her that mistake committed by the University was genuine and bona fide. Petitioner will be at liberty to peruse the documents produced before her for her satisfaction. Thereafter as she may deem fit, she may represent the Vice Chancellor if she is not satisfied with the action of the University. Since classes of course are going to end and examination is going to be held, this action must be taken into and completed within one week from the date of appearance of the petitioner. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)