Ritesh Kumar vs Patna University and Others

Shiva Kirti Singh, J.—Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is desirous of taking admission in M.Sc. (Physics) course in Patna university. According to petitioner 20 seats have remained vacant in that subject because such seats were reserved for students of Patna University, but there are no takers. Since post-graduate courses in Science of Patna University are still valued by the students, petitioner wants the University to give chance to petitioner and others who may be desirous and who may qualify for admission on the basis of other eligibility criteria, once the seats are treated as de-reserved. On behalf of University it has been submitted that the last date of admission in P.O. Course was 19.9.2008 and petitioner''s representation (Annexure-2) was received only thereafter. The representation is dated 24.9.2008.

On behalf of petitioner it has been submitted that since there were number of festivals in between hence only few classes have been held and allowing 20 seats to remain vacant would cause graver damage to the students like the petitioner. If he is permitted to take admission he would make all efforts to complete the course.

Considering the entire facts and circumstances, this court is of the considered view that meagre resources of the society should not go waste and the seats available and remaining vacant in M.Sc. (Physics course in Patna University) should not be allowed to remain vacant when there are qualified applicants available. In the facts and circumstances the University Authorities are directed to take immediate steps to notify the fact that the seats remaining vacant in M.Sc. (Physics) or in any other similar P.G. course will be filled up by those who have already applied in accordance with laid down criteria provided the applicants like the petitioner fulfill the required criteria; provided the applicants turn up within a stipulated date and time. This is only to ensure that other similarly situated persons may also get the benefit of de-reserved seats which have remained vacant because students of Patna University did not opt for the course in required numbers.

It goes without saying that the process of completing the admission of eligible candidates will be completed expeditiously and preferably within one week from the date of production/communication of a copy of this order. It is made clear that case of the petitioner shall also be considered as per law.

The writ petition is allowed to the aforesaid extent. Let a copy of this order be handed over to learned counsel for Patna University, preferably today.