IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4057 of 2011 Richa Saumya DAUGHER OF SRI RAKESH KUMAR SINHA, M.I.G. 58 BLOCK 2, SECTOR 6, BAHADURPUR HOUSING COLONY, P.S. AGAMKUAN, PATNA. Versus 1. The State Of Bihar THROUGH THE SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVT. OF BIHAR, OFFICE SITUATED IN TECHNOLOGY BHAWAN, PATNA. 2. THE DIRECTOR, DEPARTMENT OF SCIENCE AND TECHNOLOGY, TECHNOLOGY BHAWAN, PATNA. 3. VICE CHANCELLOR, B.R. AMBEDKAR UNIVERSITY AT MUZAFFARPUR. 4. THE PRINCIPAL, MUZAFFARPUR INSTITUTE OF TECHNOLOGY AS THE DEAN AT MUZAFFARPUR. 5. THE PRINCIPAL, MOTIHARI COLLEGE OF ENGINEERING AT MOTIHARI, ---------------------------------- 3 11/08/2011 Heard learned counsel for the petitioner, learned counsel for the State as also learned counsel for the respondent University. Petitioner was admitted as a candidate with Engineering stream in the first year in Motihari College of Engineering, Motihari. This was for the Sessions 2010-2011. She was pursuing Electrical Electronics Branch. As ill luck would have it, on her way back from the Institution after taking admission, she met with an accident and suffered extensive injury. She informed the Principal of the College in question about the same and - 2 - also sought exemption from attending the classes till she recovers. After the petitioner recuperated, she went back to the College in question but she was not permitted to pursue her studies and attend the classes in the academic year in question. Father of the petitioner approached the Director, Department of Science and Technology when he came to know that in similar circumstances two other persons were allowed to pursue rest of their studies and even sit for the examination. But since no decision has come to be taken on the request of the petitioner and the whole academic year has gone past, the petitioner was left with no option but to approach the High Court. The stand of the University in the counter affidavit is that they have no objection if the government or the Department of Science and Technology permits the petitioner to continue with her education as the university as such had no role or obligation on that count. The misfortune which came to visit the petitioner can happen with any other student. There seems to be bonafide reason for the petitioner who was prevented from pursuing her studies for a significant period of - 3 - time. It does not mean that the student stands condemned for all the times to come because of the impediment created due to the accident which came to visit the petitioner. The Court, however, expresses its dismay with regard to the inaction on the part of the respondents in not taking up the case of the petitioner within a reasonable time frame so that she would not have lost a year. But now that a new academic year has begun, a direction is issued to the College in question i.e. the Principal of Motihari College of Engineering , Motihari (respondent no. 5) that the petitioner would be now allowed to atleast attend her classes for the first year forthwith and pursue her studies so that she may complete her course even though she has lost her one year due to reasons beyond her control. This writ application is allowed with the direction as aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)