IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1077 of 2011 In Civil Writ Jurisdiction Case No. 1729 of 2011 ====================================================== Atique Uz Zaman, S/o Late Syed Abdul Khalique, R/o Nasheman Building, Freser Road, P.S.-Gandhi Maidan, Patna-1. .... .... Petitioner/Appellant Versus 1. The Honble Chancellor of the University, Government House, Baily Road, Patna. 2. The Vice Chancellor, Nalanda Open University, Biscoman Bhawan, Gandhi Maidan, Patna. 3. The Registrar (Exam), Nalanda Open University, Biscoman Bhawan, Gandhi Maidan, Patna. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Md. Khurshid Alam, Advocate. For the Respondent/s : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 29-08-2011 Feeling aggrieved by the judgment and order dated 24th February 2011 passed by the learned single Judge in above CWJC No. 1729 of 2011, the petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The writ petitioner, a student of the respondent Nalanda Open University, approached this court under Article 226 of the Constitution against the directive of the University not to write answer papers in Urdu. The learned single Judge has considered the relevant provisions and the practical difficulty experienced by the University in getting the papers written in Urdu examined. The learned single Judge has dismissed the writ petition as devoid of any merit. Therefore, the present Appeal. Patna High Court LPA No.1077 of 2011 (4) dt.29-08-2011 2 / 2 2 Learned advocate Mr. Md. Khurshid Alam has appeared for the appellant. He has submitted that no legal provision empowers the University restraining the students from writing the answer sheets in Urdu language. The University, therefore, cannot restrain the petitioner from writing the answer papers in Urdu language. May be, there is no express provision enabling the University to compel the students to write answer papers in any particular language. At the same time there is no obligation upon the University to allow the students to write answer papers in any language that suits the students. Besides, as recorded hereinabove, the learned single Judge has examined the impracticability of getting the answer papers written in Urdu examined. One more reason why the Appeal should not be allowed; the examination in question is over, the appellant did not take the said examination. The appellant having refrained from taking examination the matter at dispute is academic. For the aforesaid reasons, the Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)