1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11267 of 2008 ARUN KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 4. 19.01.2009 Heard learned Counsel for the petitioner. No one appears on behalf of Magadh University. Counter affidavit has been filed on behalf of the University and rejoinder thereto has also been filed. The relief sought in this writ application filed in July, 2008 is for issuance of original certificate of B.Ed. examination for the Session 1988-89, results whereof has been published in 1995 after examinations were held in 1994. The petitioner claims to be a student of Ram Mohan Roy College of Education in B.ED. Course for the session aforesaid. The institution was under Magadh University, which is stated to have granted admit card to the petitioner. On the own showing of the petitioner he felt the necessity of his original certificate in the year 2006 after 11 years of the publication of the result when apparently the Government published an advertisement inviting applications from trained teachers for appointment. The petitioner then claims to have applied to the University on 19.12.2006 and in support of which the only pleading is of a money receipt stated to have been issued to the petitioner dated 19.12.2006 by the University. Counter affidavit has been filed on behalf of the Magadh University. It states that the issuance of the B.Ed. degree was stopped on account of a vigilance enquiry. Degrees were now being issued to the genuine students. Those who have passed the 2 examination have to apply in the prescribed format of the University with relevant documents forwarded by the proper authority of the College concerned and that the petitioner can also do so. In his rejoinder the petitioner states that he has applied in the prescribed manner supported by Annexure-7. This Court finds it difficult to give a positive finding in favour of the petitioner having applied in accordance with the procedures. Learned counsel is unable to demonstrate from the relevant Rules before this Court that issuance of a money deposit certificate by the University was proof of having applied before the University authority in the prescribed manner. In the facts and circumstances of the case, the only appropriate order that can be passed is that if the petitioner has applied in the prescribed manner as per the records available with the University, this Court expects that after verification his certificate shall be issued to him expeditiously preferably within a period of 2-3 months from the date of receipt and/or production of a copy of this order. In the event that the petitioner has not applied in the prescribed manner and now proceeds to do so, the University shall be obliged to make available to him the same within a maximum period of 2-3 months from the date of such application. The writ application stands disposed. AKS/ (Navin Sinha, J.)