IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13522 of 2011 1. Kumar Kshitiz Abhinav S/O Uma Shankar Singh R/O A/22, Professor's Colony, Near Mohanpur Punaichak, Shivpuri, Patna-23, Bihar------------------------------Petitioner Versus 1. The State of Bihar through Principal Secretary, Deptt. Of Health and Medical Education, Govt. Of Bihar, New Secretariat, Patna. 2. Board of Governor, Indira Gandhi Institute of Medical Science, Sheikhpura, Patna through its Director. 3. Director, Indira Gandhi Institute of Medical Science, Sheikhpura, Patna. 4. Controller of Examination, Bihar Combined Entrance Competitive Examination, 2011, I.A.S. Association Building, Near Patna Airport, P.O.-Veterinary College, Patna-14--------- --------------------------------------------Respondents ---------------------------------- With Civil Writ Jurisdiction Case No.14050 of 2011 1. Ranjeet Kumar S/o Punyadeo Singh, A.B.C. Hostel Budha Colony, Patna 2. Jeetendra Kumar S/o Nand Kishore Singh, A.B.C. Hostel Budha Colony, Patna 3. Rahul Ranjan S/o Rajan Sharma, A.B.C. Hostel Budha Colony, Patna 4. Prayank Nath Prasad S/o H.L. Prasad, A.B.C. Hostel Budha Colony, Patna --------------------------Petitioners Versus 1. The State Of Bihar 2. Principal Secretary, Department Of Health, Govt. of Bihar 3. Director, Health, Govt. Of Bihar, New Secretariat, Patna 4. Chairman, Board of Directors, Indira Gandhi Institute of Medical Science, Patna 5. Director, Indira Gandhi Institute Medical Science, Patna 6. Controller (Exams.), Examination Section, Indira Gandhi Institute of Medical Science, Sheikhpura, Patna------------------ -----------------------------------------------Respondents ---------------------------------- With Civil Writ Jurisdiction Case No.14140 of 2011 1. Nagmani Rathore S/o Rambalak Singh C/o Happu Sah Kirana Store Sahjung Gali, P.S.- Mahendru, Distt.- Patna 2. Vipul Kumar S/o Kamal Narayan Singh C/o Happu Sah Kirana Store Sahjung Gali, P.S.- Mahendru, Distt.- Patna 3. Chandan Kumar S/o Late Deep Narayan Singh R/O Mohalla Anandpuri Near Yamuna Apartment Boring Road, P.S.- S.K.Puri, Distt.- Patna----------------------Petitioners Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 3. Director, Indira Gandhi Institute of Medical Science, 2 Sheikhpura, Patna 4. Board of Governors, Indira Gandhi Institute of Medical Science, Sheikhpura, Patna--------------------Respondents ---------------------------------- With Civil Writ Jurisdiction Case No.13632 of 2011 1. Balram Yadav S/O Bisheshwar Prasad Yadav R/O Vill.- Mugrar, P.O.- Dabhari, P.S. + Distt.- Supaul 2. Viaksh Kumar S/O Krishan Jee Gupta R/O Mohalla- Purani Qilla Boxi Toli, P.O. + P.S.- Siwan 3. Vikaram Kehsri S/O Heera Lal Yadav R/O Vill.- Sultanpur (Dahaberi) , P.O. + P..S- Andar , Distt.- Siwan 4. Sujeet Kumar S/O Shivajee Singh R/O Vill.- Bhalua (Stota), P.S- Barharia, Distt.- Siwan 5. Dhiraj Kumar S/O Shambhu Ram R/O Vill.- Ram Hajar, P.O. + P.S.- Durga Mandir, Distt.- Nawada 6. Rajeev Kumar S/O Upendra Prasad Singh R/O of Vill.- Panchmahal, P.O.- Barahiya, Distt.- Patna 7. Sunil Kumar S/O Y.P. Sharma R/O Mohalla- Chakals Nirmali, P.O. + P.S.- Supaul, Distt.- Supaul 8. Parveen Kumar S/O Y.P. Sharma R/O Vill.- Chaklas Nirmali, P.O. + P.S.- Supaul, Distt.- Supaul 9. Anil Kumar S/O Y. Sharma R/O Vill.- Chaklas Nirmali, P.O. + P.S.+ Distt.- Supaul---------------------------Petitioners Versus 1. The State Of Bihar through the Chief Secretary, Old Secretariat, Govt. Of Bihar, Patna 2. The Chairman, the Board of Director, I.G.I.M.S at Sheikhpura, Patna 3. The Director, I.G.I.M.S. Patna, At Sheikhpura, Patna ------- ----------------------------------------------------Respondents ---------------------------------- 5 30.8.2011 In all these writ applications a common grievance has been raised that for extraneous and arbitrary reasons the respondent, Indira Gandhi Institute of Medical Science (in short IGIMS), annulled the advertisement for conducting an entrance examination for first year MBBS in the institute and decided to take admission on the basis of second round of counselling, emerging from earlier examination held by what is known as Bihar Combined Entrance Competitive Examination Board. When CWJC No. 13522 of 2001 was initially taken up on 19.8.2011 the Court restrained the I.G.I.M.S. from taking any kind of 3 admission in MBBS course in peculiarity of the facts and directed for listing of the matter after one week when the counter affidavit on behalf of the respondents would be filed. On 25.8.2011 two Interlocutory applications namely, I. A. Nos. 5720 of 2011 and 5723 of 2011 were pressed on behalf of the respondent seeking vacation of the stay. The Court after going through the original files produced by the State as well as I.G.I.M.S. was prima facie convinced that the stage for vacating the stay has not arisen and the matter was required to be heard and decided on its own merit. The case was to come up on 29th August, 2011 for final disposal at the admission stage itself. When the matter is taken up today attention of the Court has been drawn to the order now passed by a Division Bench on 26.8.2011. This is the order passed in L.P.A. No. 1207 of 2011 in which orders dated 19.8.2011 as well as 25.8.2011 passed in the writ application was assailed. That LPA it seems has been finally disposed of as would be evident from perusal of not only the order passed by the Division Bench on 26.8.2011 but the subsequent clarification later on recorded on 26.8.2011 itself. The Court has gone through the detailed order recorded by the Division Bench. Since the order of the Division Bench has virtually decided the lis raised in the writ application, there is nothing left for the Single Judge to decide in the present writ applications. If the findings given by the Division Bench are read as a whole then all these writ applications will be now governed by the opinion rendered by the Division Bench in the order dated 26.8.2011. 4 In view of the same this Court has no option but to dismiss the writ applications as no adjudication is now required to be made at this level. In view of the above, all the writ applications stand dismissed. RPS (Ajay Kumar Tripathi, J.)