ABHSHEK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Challenge in the present writ applications is to the result declared by the Education Department of Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga (hereinafter referred to as 'the University') for admission to Ph.D. course. Though the relief, which the petitioners were initially seeking, was for a direction to the respondents to provide them admission to Ph.D. course, based on the pleadings on record, it appeared to the Court that the result for admission to Ph.D. course was published not only in clear violation of statutory provisions, governing admission to the said course, it was not done in a fair and bona fide manner. This was the reason why the Court went into the legality of the entire exercise undertaken by the University leading to the publication of result in question.

(3.) There are certain facts which are not in dispute. The University had issued notice inviting applications for Pre- Registration Test (hereinafter referred to as 'the PRT') on 18/5/2013 for admission to Ph.D. course. As per the schedule mentioned in the notice, the examination was held on 30/6/2013 and the result was published on 12/8/2013. Out of 299 students, who had applied for the Pre-Ph.D. Test, 164 candidates qualified. 102 candidates could not qualify in the said PRT and rest 33 were marked absent. Nothing moved for three years after publication of Patna High Court CWJC No.5476 of 2017 dt.26/10/2018 the result on 12/8/2013. Suddenly, nearly three years thereafter, on 16/6/2016, the Post Graduation Research Council (hereinafter referred to as 'the PGRC') of the University recommended for initiation of the process of admission to Ph.D. course of the candidates qualified in PRT-2012-13. Based on the number of qualified supervisors available in the faculty of Education, it was decided by the PGRC that there would be only 34 vacancies in the faculty of Education for PRT-2012-13 qualified candidates.