SIMPI KUMARI, WIFE OF ABHISHEK PRADHAN Vs. STATE OF BIHAR
LAWS(PAT)-2021-2-29
HIGH COURT OF PATNA
Decided on February 18,2021

Simpi Kumari, Wife Of Abhishek Pradhan Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

Ahsanuddin Amanullah, J. - (1.) Heard Mr. Dronacharya, learned counsel for the petitioner; Mr. Madhaw Prasad Yadav, learned Government Pleader 23 along with Mr Rajesh Kumar Sinha, learned Assistant Counsel to GP 23 for the State, and; Mr. Ashhar Mustafa, learned counsel for the Tilka Manjhi Bhagalpur University (hereinafter referred to as the "University").
(2.) The petitioner has moved the Court for the following reliefs: ".....for issuance of an appropriate Writ(s)/Order(s) or direction and thereby to issue a writ in the nature of Mandamus commanding the Respondent University, particularly the Coordinator (Respondent No.5) to allow the petitioner to appear in Interview in PAT/19/NET/JRF, to appear before Interview board of the University for taking admission in Research methodology class along with PAT-19 qualified candidates for this purpose, since she (petitioner) has already successfully passed Pre-Ph.D. Test held in Sept. 2017, Result of which has been declared in January, 2018. (I) The petitioner being eligible candidate be allowed to appear before the Interview board for admission in Ph.D. course along with PAT-19 (Pre-Admission Test for Ph.D.) qualified candidates. (ii) The petitioner being entitled for taking admission in Research Methodology class as per Regulation of T.M.B. University be allowed to face interview and to take admission in Ph.D. course. (iii) After being successful in interview she be also permitted to participate in online classes for Research Methodology class (Course). (iv) The petitioner be paid the cost of legal proceeding throughout. (v) The petitioner be also granted any other relief/s permissible under the facts and circumstances of the case."
(3.) The moot question for consideration in the present application is whether the concerned regulation of the University Grants Commission, as adopted by the University on 27.01.2018, would be applicable with regard to the examination viz. Pre-Admission Test for PhD 2017 (hereinafter referred to as "PAT 2017") insofar as the period of validity of the result of the said examination is concerned for admission into the PhD Course.;


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