IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9034 of 2008 BIHAR HOMEOPATHIC MEDICAL COLLEGE & HOSPITAL & ANR Versus THE UNION OF INDIA & ORS ----------- For the Petitioners : m/S Pramod Kumar Sinha and Madhukar Narayan sinha,Adv. For Union of India : Mr.S.N.Pathak, S.C.C.G. For the University : Mr.A.B.Sinha,Adv. For the Principal : Mr.Rajani Kant Pathak,Adv. ---------- 2. 15/09/2008 Heard learned counsel for the parties. From Annexure-11 it appears that 16 students of 1st, 13 students of 2nd, 14 students of 3rd and 9 students of 4th B.H.M.S., on the basis of transfer certificates, were permitted by the University to fill up their forms from Gaya Homoeopathic Medical College and Hospital, Amawa, Bodh Gaya. Now, learned counsel appearing for the petitioners Institution submits that genuine students of the Institution had not filled up forms from Gaya Homoeopathic Medical College and Hospital, Amawa, Bodh Gaya and some wrong names were included in the list, who, although were not genuine students of the Institution, filled up their forms and appeared in the examination. After issue of Annexure-11 on 3.6.2008, objection in this regard was filed by the - 2 - petitioner no.2 vide Annexure-13 dated 21.6.2008. In view of objection filed by the petitioner no.2, as contained in Annexure-13, the University ought to have held enquiry and found out about the genuineness of the students of the petitioners Institution, who were referred to Gaya Homoeopathic Medical College and Hospital, Amawa, Bodh Gaya for filling up the forms. It is stated that the University did not enquire into the matter beforehand and allowed the students to appear in the examination. In the circumstances, it will be appropriate that the University enquires into the matter about the genuineness of the students of the petitioners Institution, who were referred to Gaya Homoeopathic Medical College and Hospital, Amawa, Bodh Gaya for filling up the forms for appearing in the examination. Since it is said that the result of the examination has not been published, it will be advisable to the University authorities to complete the enquiry and come to a final decision with regard to the candidates who appeared in the examination and then only - 3 - publish the result. It has been pointed out by learned counsel for the University that petitioner no.2, who has filed objection before the University vide Annexure-13 was a suspended Principal, and therefore, he was not authorized to file the same before the University authorities. If that is so, the University authorities shall be well within their powers to reject the said objection of petitioner no.2 Dr.Kameshwar Singh, as contained in Annexure-13, summarily and publish the result. This writ application is accordingly disposed of with the aforesaid observations and directions. Let a copy of this order be handed over to learned counsel for the University. Pradeep/ (J. N. Singh, J.)