IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11039 of 2009 RAHUL PARASHAR, Son of Late Dr. Madhusudan Prasad Singh, Resident of House No. 7, Revenue Colony, Chitragupt Nagar, Kankarbagh Colony, P.S.- Patrakar Nagar, District- Patna :---- Petitioner. Versus 1. THE VICE CHANCELLOR, MAGADH UNIVERASITY BODH GAYA 2. Controller of Examination, Magadh University, Bodh Gaya, 3. The Principal, College of Commerce, Patna :--- Respondents. ----------- 2. 31.08.2009. Heard learned counsel for the petitioner and the counsel for the Magadh University, Bodh Gaya (hereinafter referred to as the “University”). 2. Petitioner is the student of B.Sc. Botany Honours Course at College of Commerce, Patna for the Session 2004-2007. Having prosecuted his studies for B.Sc. Part-I he filled up form for appearing in B.Sc. Botany Honours Part-I Examination, 2005 but could not appear on account of his illness. In the year 2006 he was allowed to appear in both B.Sc. Botany Honours Part I and II Examinations. On the basis of his examination result of B.Sc. Botany Honours Part I and II of the year 2006 he prosecuted his studies for B.Sc. Botany Honours Part III and appeared in the B.Sc. Botany Honours Part III Examination, 2007. Now the authorities are withholding his result of B.Sc. Botany Honours Part-III Examination, 2007 on the ground that he was erroneously allowed to clear both B.Sc. Botany Honours Part I and II Examinations during the 2007 examination. 3. Learned counsel for the petitioner in this connection submitted that petitioners having been registered with the University for the Session 2004-2007 for B.Sc. Botany Honours with Registration No. 212/1360/04 was allowed to appear in the B.Sc. Botany Honours Part I and II Examinations conducted in the year 2007 and his result of the two examinations was published. Later petitioner appeared also in B.Sc. Botany - 2 - Honours Part III Examination, 2007 and having allowed him to appear in the said examination, the authorities, according to the learned counsel are ill advised not to publish his result of the B.Sc. Botany Honours Part-III Examination, 2007. In this connection reliance has been placed on the judgment of the Hon’ble Supreme Court in the case of Sri Krishan Vs. Kurukshetra University, Kurukshetra, reported in AIR 1976 SC 376 and with reference to the said judgment it is submitted that once the authorities have allowed the student to appear in the examination, they are restrained from not publishing his result. 4. Having heard counsel for the petitioner and the University, I direct the Examination Controller of the University to consider the case of the petitioner in the light of the submission noted above and if it is true that he has passed the B.Sc. Botany Honours Part I and II Examinations and was allowed to appear in the B.Sc. Botany Honours Part-III Examination, 2007 his result of the said examination cannot be held-up and be declared as early as possible, in any case within a period of one month from the date of receipt receipt/production of a copy of this order. In the event the Examination Controller is not inclined to publish the result of the petitioner, he shall be obliged to pass a reasoned order within the same time. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J. )