IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15872 of 2004 MANOJ KUMAR Versus THE B.N.MANDAL UNIVERSITY & ORS ----------- 5. 17.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner in this writ application seeks a direction to the respondent University to issue his certificate for completion of B.Sc. (Hons.) Course for the Session 1993-95 which he claims to have passed in the Examination held in 1996 from Ved Vyas Mahavidyalaya. It is his case that mark sheet has already been issued to him, as also the College Leaving Certificate and that he has taken admission in the Indira Gandhi National Open University in MCA Course and for the original certificate of passing the B.Sc. Course has become necessary. Submission has been made in Para 8 that Ved Vyas Mahavidyalaya, Amleshwar Nagar, Madhepura from where the petitioner passed B.Sc. Examination was recognised by the B. N. Mandal University and was affiliated to the University. A counter affidavit has been filed on behalf of the respondent University. It states specifically that the Ved Vyas College was not an affiliated college under the Bihar Universities Act. The University at Para 4 of the counter affidavit disputes the very existence of the College. The Examination Board of the University on 2.4.2004 had taken a decision not to issue certificate to those who had passed the basic course from non- affiliated Colleges. Reliance is placed on an order of this Court in CWJC No. 1283 of 2003 declining to issue any orders for issuance of the original B.A. certificate since the College was non-affiliated and not approved by the State Government under the Bihar State Universities Act. In the rejoinder the petitioner now contends that the Institution fulfils the requirement for affiliation/recognition and had been inspected for the purpose and recommended as such. It is submitted that the Senate had also recommended such affiliation when the matter had remained pending at the State Government level. The University had decided to publish result of such candidates whose recognition issue had been recommended and was pending before the State Government. Reliance has been placed on an order of this Court in CWJC No. 10209 of 2006, a similar case of B. N. Mandal University, wherein it was directed to publish result of another candidate who was issued admit card and who was permitted to appear at the examination when objection of non-affiliation of the college was rejected in that background. In view of the admitted position of the Institution not being affiliated, this Court finds it difficult to grant any relief to the petitioner on the premise that there was an inconclusive recommendation for affiliation in favour of the College from where he studied for purposes of affiliation and recognition. To that extent the writ application is dismissed. The petitioner shall have all his remedies vis a vis respondent no. 4 and the respondent University which permitted him to appear at such examination despite being non-affiliated in all its aspect of civil and criminal law. Snkumar/- (Navin Sinha,J.)