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2025 DAILYLAW 19877 (JHR)

YASH VARDHAN v. THE STATE OF JHARKHAND THROUGH THE SECRETARY, DEPT. OF HIGHER AND TECHNICAL EDUCATION

WPC/3539/2025 · 2025-09-04

Rajesh Kumar

Writ Petition (Civil)body2025

Judgment text

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2025:JHHC:26855 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3539 of 2025 Yash Vardhan, aged about 20 years, son of Yogesh Singh Choudhary, resident of Near Jug Mandap, Putki, Siyalgudi, Kusanda, P.O. Kusanda, P.S. Kenduadih, District Dhanbad, Jharkhand. …… Petitioner Versus 1. The State of Jharkhand through the Secretary, Department of Higher and Technical Education, having its office Yojna Bhawan, Nepal House Campus, Doranda P.O. Doranda and P.S Doranda, District-Ranchi, Jharkhand. 2. Birsa Institute of Technology, Sindri through its Vice-Chancellor, P.O.& P.S. Sindri, Dhanbad (Jharkhand). 3. The Director, Birsa Institute of Technology, Sindri, P.O.& P.S. Sindri, Dhanbad (Jharkhand). 4. The Chairman Enquiry Committee, Birsa Institute of Technology, Sindri, P.O.& P.S. Sindri, Dhanbad (Jharkhand). 5. Jharkhand University of Technology, through its Vice-Chancellor, Science & Technology Campus, Sirkha Toli, P.O & P.S Namkum, Ranchi, Jharkhand …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Indrajit Sinha, Advocate For the Resp.-State : Mr. Amit Raj Kisku, A.C to G.A-V For Resp.-BIT, Sindri : Mr. Mrinal Kanti Roy, Advocate Mr. Rishi Ranjan Vats, Advocate --------- 05/Dated: 04 th September, 2025 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for the following reliefs :- “(a) for issuance of an appropriate writ(s), order(s) or direction(s) particularly writ of certiorari for quashing the office order no. BIT/D/127/25 dated 22.05.2025 issued by BIT Sindri, i.e. Respondent No.2 under the signature of its director, i.e. Respondent No.3 (Part of Annexure-4), in so for it relates to the Petitioner, whereby and whereunder - 1 - W.P.C No.3539 of 2025 2025:JHHC:26855 the Petitioner has been expelled from the institute for 1 year from the date of the notification; (b) Upon quashing of the office order no.BIT/D/127/25 dated 22.05.2025 in so for it relates to the Petitioner, for issuance of an appropriate writ / order / direction particularly a writ of mandamus commanding upon the Respondents forthwith to re- admit the Petitioner in Academic Batch of 2023-27 for the B.Tech Course of Mining Engineering in BIT, Sindri.” 3. Considering the fact that the case relates to a student and as such this Court is not inclined to go into the merits of the case. 4. Considering the nature of dispute and the nature of relief, the present writ petition is, hereby, disposed of giving liberty to the petitioner to file a mercy petition before the appropriate authority of B.I.T., Sindri i.e. respondent No.2 and the appropriate authority is requested to consider the case of the petitioner sympathetically as a guardian and take appropriate decision in accordance with law, as early as possible. 5. With above observation, the present writ petition is, hereby, disposed of. 6. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) Ravi-Chandan/- - 2 - W.P.C No.3539 of 2025