IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15660 of 2008 MD.FIROZ ALAM Versus B.N.MANDAL UNIVERSITY & ORS ----------- 3 10-12-2008 Heard learned counsel for the petitioner and learned counsel for the State. It has been submitted that since he passed the honours paper and other subjects in the main examination held for B.Sc. honours by the Magadh University on 27-1- 2007 onwards, the petitioner was entitled to exercise the option to appear in the single subject of general studies in the next examination because he had failed only in that subject. It has further been submitted that this is permitted under the last proviso to Regulatation-8 of Regulations for B.Sc. (general/honours) examination of the B.N. Mandal University. Learned counsel for the University has produced before this court a copy of the instructions received from the University which shows that the University on 20-11-2008 during the pendency of the writ petition has sent to the Principal of the Purnea College, Purnea the marksheet and provisional certificate of the petitioner showing that he has - 2 - Naresh passed in the B.Sc. honours final examination 2005 held in the month of June, 2007 in first division. It appears that a copy of the mark sheet and provisional certificate had been sent to the petitioner also. In view of aforesaid stand of the University the claim of the petitioner stands granted. The writ petition is, accordingly, disposed of. (Shiva Kirti Singh,J)