IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14659 of 2008 Manoj Kumar Bhagat, S/0. Sri Ramdeo Bhagat, Resident of Village & P.O.- Amarpur, P.S. - Sonbarsa Kachahari, District - Saharsa. ………………………Petitioner. Versus 1. B.N. Mandal University, Madhepura, through its Registrar. 2. The Vice Chancellor, B.N. Mandal University, Madhepura. 3. The Registrar, B.N. Mandal University, Madhepura. 4. The Controller of Examination, B.N. Mandal University, Madhepura. 5. The Principal, Rajendra Mishra College, Saharsa. ………………………Respondents. -------- For the Petitioner :- Mr. Binod Kumar Singh, Advocate. Mr. Nikhilesh Kumar, Advocate. For the B.N. Mandal University :- Mr. Abhay Kumar, Advocate. ----------- 3 18.11.2008 Heard the parties. The petitioner was a student of B.A. (Geography Hons.) and he appeared in the final examination for the Session 1994-97 and was declared passed in Ist class. He has been issued mark sheet and provisional certificate but the original certificate has not been issued in spite of request. The stand of the B.N. Mandal University is that petitioner was wrongly given grace marks for passing in a particular subject in B.A. Part-I examination and since award of such grace marks was not in accordance with the relevant regulations, the University is not issuing original certificate to the petitioner. The issue involved in this writ petition has already been decided by this Court in several other cases. A copy of order dated 03.11.2003 passed in C.W.J.C. No. 8836 of 2003 has been annexed as Annexure-4 series, to show that in similar circumstances this Court noticed a resolution of the Examination Committee of the University - 2 - dated 10.11.2001 to the effect that grace marks awarded earlier will not be touched but in future no grace marks will be allotted against regulation. In that view of the matter, grace marks awarded prior to 10.11.2001 has not led to cancellation of any of the earlier results and this court has already decided several cases against the University and has directed for issuance of original certificates. Following the earlier judgments, the writ petition is allowed. The respondent-University is directed to issue the original certificate forthwith and in any case within four weeks. Trivedi/ (Shiva Kirti Singh,J.)