IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4002 of 2010 1. ANJULA SINHA D/O RAJA RAM SINHA, W/O PATEL KUMAR SUDHAKAR R/O VILL.- LODIPUR, P.S.- NAGAR NAUSHA, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HIGHER EDUCATION DEPTT., GOVT. OF BIHAR, PATNA 2. VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA 3. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA 4. EXAMINATION CONTROLLER, MAGADH UNIVERSITY, BODH GAYA ----------- 02. 23.09.2010 Heard learned counsel for the petitioner and learned counsel for the University. The petitioner claims to have been a student of the M.A. (Home Science) in the Session 1991-93 in the respondent university. She claims to have passed the final examination in the year 1994. Her mark-sheet and provisional certificate are stated to have been issued to her. Though, the provisional certificate has not been annexed, learned counsel for the petitioner submits that the petitioner is in possession of the original. He submits from the mark-sheet and the provisional certificate that the petitioner was a duly registered student and therefore the grounds furnished in the information provided under the Right to Information Act, that against her Registration number the name of another student finds place is not correct. The petitioner has deposited the necessary fee for issuance of the original certificate. 2 Learned counsel for the University rightly submits the belated nature of the claim being raised. But, if the University has issued a mark- sheet and provisional certificate, as claimed, the court is not persuaded to reject the writ petition on grounds of delay. Let the petitioner appear along with a copy of the present order before the Registrar of the University and place before him her original mark- sheet and provisional certificate. The Registrar is then expected to enquire into the matters, and if he proposes to rely upon the materials furnished to the petitioner under the Right to Information Act, he shall be obliged to disclose such materials to the petitioner during personal hearing with an opportunity to her either personal or in representative capacity to meet the same and then pass a reasoned and speaking order discussing all issues of facts from the records of the University which shall have been disclosed to the petitioner during such personal hearing. If the Registrar finds justification in the claim, it is expected that the original certificate shall be issued. Let this order be complied with in its entirety as the case may be, within a maximum period of four 3 months from the date of receipt/production of a copy of this order. The application stands disposed. P.K. ( Navin Sinha, J.)