IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6781 of 2009 Ravi Ranjan Kumar Raman, son of Sri Krishna Kinkar Kumar, resident of- At + P.O.- Tema Bhela, P.S. Uda Kishunganj (Gwalpara Bazar O.P.), District- Madhepura Versus 1. Magadh University Bodh Gaya, through its Registrar 2. The Vice Chancellor, Magadh University Bodh Gaya 3. The Registrar, Magadh University Bodh Gaya 4. The Controller of Examinations, Magadh University Bodh Gaya 5. The Officer on Special Duty (Technical) Examination, Magadh University Bodh Gaya 6. The Principal Nalanda Medical College, Patna 7. The Principal, College of Commerce, Kankarbagh, Patna ----------- For the Petitioner :M/s Pushkar Narain Shahi & Mrityunjay Kumar, Advocates For the Magadh University :Mr. Binay Kant Mani Tripathi, Advocate 03/ 05.08.2009 Heard learned counsel for the petitioner and the counsel for the Magadh University Bodh Gaya (hereinafter referred to as the University), who filed counter affidavit, which is taken on record. Learned counsel for the petitioner has filed rejoinder, which is also taken on record. 2. Petitioner has filed this writ application for a direction to the University to declare his 2nd MBBS Part I 2009(1) Examination result as also Final MBBS Part I 2009(1) Examination result. Final MBBS Part I 2009(1) Examination result of the petitioner has not been declared as the2nd MBBS Part I 2009(1) Examination result has been kept pending, as is evident from the cross-list sent by the University to the Nalanda Medical College & Hospital, Patna where the petitioner has prosecuted his studies and is contained in Annexure-7 to this application. In this connection, it is pointed out that petitioner appeared in the2nd MBBS Part I 2009(1) Examination (Theory 2 Paper) in the month of February, 2009 between 19.2.2009 and 21.2.2009, but his result for the said examination was not published, although result of others was published. Petitioner, however, was permitted to appear in the Final MBBS Examination, but his Final MBBS Examination result is not being published. Recently on 23.5.2009 O.S.D. (Technical) Examination of the University informed the Principal of the Nalanda Medical College & Hospital under letter 23.5.2009 that the petitioner and one Nitin Kumar were expelled while appearing in the2nd MBBS Part I 2009(1) Examination. Said letter has been annexed with the petition as Annexure-6, close perusal whereof, however, does not indicate either the date or the misconduct committed by the petitioner or the said Nitin Kumar for which they were expelled. It is further pointed out that in terms of the Examination Regulations, if any candidate is found cheating then First Information Report is lodged against him, but no First Information Report has been registered against the petitioner alleging cheating, although one First Information Report alleging cheating was registered against Nitin Kumar, bearing Patrakar Nagar P.S. Case No. 12 of 2009. In this background, it is pointed out that an Enquiry Team was constituted by the Principal, Nalanda Medical College & Hospital, who is also Dean of Faculty of Medicine of the University to enquire into the allegation as to whether the petitioner was ever found cheating in the 2nd MBBS Part I 3 2009(1) Examination and the Enquiry Team has submitted its report dated 22.5.2009, Annexure-5 to this application. 3. Counsel for the petitioner in the background of the aforesaid fact submitted that if the petitioner was found cheating in the 2nd MBBS Part I 2009(1) Examination (Theory Paper) held in the Month of February, 2009, then a First Information Report ought to have been registered against him as also the memo of expulsion was required to have been served on him, but till date neither the First Information Report has been registered nor memo of expulsion has been served even post facto. 4. From the counter affidavit filed by the University also, it does not appear that any First Information Report alleging cheating by the petitioner has been lodged, as was done in the case of Nitin Kumar nor it appears from the counter affidavit that petitioner has been served with any memo of expulsion. In this background, I was inclined to conclude that petitioner was never communicated by the authorities concerned the factum of cheating and expulsion, but as such case is sought to be raised before this Court by the University, I deem it expedient to direct the Vice-Chancellor of the University to himself enquire into the matter after hearing the petitioner in person for which petitioner must appear before the Vice- Chancellor of the University with a certified copy of this order on 18.8.2009, whereafter the Vice-Chancellor shall fix a date for 4 hearing the petitioner and on that date shall make available the answer sheet written by the petitioner in respect of Pathology Paper II of 2nd MBBS Part I 2009(1) Examination held on 21.2.2009, as petitioner apprehends that on account of negligence on the part of the authorities, his answer sheet of Pathology has been lost and thereafter bogey of expulsion has been raised against him. The Vice-Chancellor shall consider the submission raised on behalf of the petitioner and noted in this order in the light of the findings of the Enquiry Team constituted by the Principal/ Dean of Faculty of Medicine of the University dated 22.5.2009, Annexure-5 to this application and pass appropriate orders in accordance with law, as early as possible, in any case within one month from the date of his appearance i.e. 18.8.2009 and if the petitioner is not found to have indulged in cheating then his result must be published forthwith. 5. This application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)