IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5855 of 2007 Mukesh Kumar son of Alakh Niranjan Prasad, permanent resident of Ashok Nagar Colony, P.S.- Rampur, District-Gaya. At present final year student at M.B.B.S., Darbhanga Medical College and Hospital (D.M.C.H.) under Lalit Narayan University, Darbhanga. …….. Petitioner. VERSUS 1. L.N.Mithila Unviersity, through its Registrar, L.N.M.U., Darbhanga. 2. Controller of Examination, L.N.Mithila Unviersity, Darbhanga. 3. Principal, Darbhanga Medical College & Hospital, Darbhanga. 4. Head of the Department of Pharmacology, D.M.C.H., Darbhanga. …… Respondents. ----------- Counsel for the Petitioner : Mr. Rajendra Pd. Singh, Sr. Adv. Mr. Nawal Kishore Singh, Adv. Counsel for the Respondents : Mr. Partha Sarthy, Adv. Mr. Prasson Sinha, Adv. --------------- 11 27.02.2009 The petitioner is aggrieved by non-declaration of result of Second M.B.B.S. Professional course. There appears to be serious controversy in this regards. Petitioner was earlier admitted to the M.B.B.S. course in Darbhanga Medical College. Subsequently his admission was cancelled. After two years he was readmitted. Before cancellation of his admission, he had given certain papers. On his readmission, he alleges that he had appeared in those papers all over again. The course and the marking pattern have changed. He had earlier come to this Court but without success. He has come again only on the strength of a new document on which he places reliance. He states that some of the respondents were under wrong impression of change in marking system and accordingly interpreted the marks and petitioner’s entitlement. The new document is Annexure-7, which is an application by the petitioner to the Controller of Examination through the Principal, Darbhanga Medical College requesting for declaration of 2 his results taken in March 2004, in respect of Microbiology and Pharmacology. On this letter, ultimately there appears endorsement of the Professor and Head of Department of Microbiology showing marks obtained in practical. Similarly there is endorsement in respect of Pharmacology showing marks obtained in theory and practical. Both these are endorsements dated 21.08.2004. Petitioner asserts that on basis of endorsements of the Professor and Head of the Department of Microbiology, his Microbiology marks have since been declared but even though recommendation was made in respect of Pharmacology, they have not been so declared. The present Principal and Head of the Department of Pharmacology have filed affidavits. There appears to be serious confusion in the matter. In my view, it is better that the matter first be settled at the University level. I, therefore, direct the Controller of Examination and the Registrar, L.N. Mithila University, Darbhanga to jointly enquire into the matter and after examining such records as they think fit and after disclosing the same to the petitioner and hearing the petitioner in the matter take a clear cut decision by a speaking order. A copy of this decision, which should be a speaking order, be forwarded to the petitioner within six weeks from today. Petitioner shall within one week file a detailed representation to the Registrar of the University and would appear before the Committee of the Registrar and the Controller of Examination on 16th March, 2009 at 10 A.M. positively. Petitioner if seeks permission to be present when others are being heard or being 3 considered, his request may be considered. Petitioner would then be entitled to take such remedies as may be advised to him in case, he is aggrieved by the decision of the Registrar and the Controller of the Examination, as aforesaid. With these directions and observations, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)