IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9015 of 2008 MD.ZAHID son of Md. Sayeed, resident of Quasim Colony, Dargah Road, Shahganj , P.S. Sultanganj,Patna-800006. Versus 1.THE MAGADH UNIVERSITY , Bodh Gaya , through its Vice Chancellor. 2. The Vice Chancellor, Magadh University,Bodh Gaya. 3. The Registrar , Magadh Univeristy, Bodh Gaya. 4. The examination Controller, Magadh University, Bodh Gaya. 5. The Principal, Oriental College,Patna City. ----------- 4 27.11.2008 Petitioner having cleared Part- III examination of B.Sc, three years after he was informed that he had failed in one of the papers of Part- I. Petitioner applied to take the examination again in that paper. He was granted permission. Permission having been granted, he appeared and passed that examination as well. The fact of the matter is that the petitioner has now cleared all papers but the respondent- Magadh University is not declaring the result and petitioner apprehends that as per decision of the Examination Board his entire result for all three years are likely to be cancelled.. Learned counsel for Magadh University submits that without clearing Part I examination he could only be promoted to Part II provisionally but he could not be promoted to Part III in any case. Petitioner was thus wrongly promoted and wrongly permitted to take the examination. Heard the parties and with their consent this writ petition is being disposed of at the stage of admission itself. From the facts stated above, it is clear that the petitioner sooner or later has been told that he has cleared all papers of Part I, Part II and Part III of B.Sc but on a technical ground now, results are being sought - 2 - to be denied and/or cancelled. Petitioner cannot be attributed or contributed to any mistake that was committed by the university authority. Petitioner was shown as passed in Part I and consequently promoted to Part II. He passed Part II and consequently promoted to Part III. He passed Part III and now after three years he was told that in one of the papers of Part I he had been wrongly passed and in fact he has failed and must appear again. He appeared and passed that. In these facts, it is too late in the date for the University to contend that the petitioner has not passed. I, thus, direct the University to issue the result of the petitioner for all three parts as passed and in accordance with the marks obtained. The result should be published within fifteen days of the order of this Court being produced before the Controller of Examination, Magadh University. The writ petition stands allowed. Singh (Navaniti Pd. Singh)