IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12610 of 2009 JYOTSHANA Versus THE UNION OF INDIA & ORS ----------- For the Petitioner:- Mr. Arun Kumar, Adv. Mr. Shri Kant Prasad, Adv. For the Union of India:- Mr. Sahvind Kumar Sharma (CGC) For the U.G.C. and Ors.:- Mr. S.N. Pathak ----------------- 2. 6.10.2009 Heard learned counsel for the petitioner, Counsel for the Union of India and Counsel for the U.G.C. The relief sought is primarily against the Vinayaka Mission University and Zakir Husain Institute for Nonformal and Continuing Education, Patna (hereinafter called the Institute) through which the University has conducted the examination in question. Learned counsel for the petitioner submits that she appeared at the M. Phil examination held in June, 2008 by the respondent University through Distance Education in the subjects of Resource Geography bearing Course Code No. 6021201, Urban Geography Course Code No. 6021202 and Research Methodology Theory Course Code No. 6030602. Her result published for the first year in the master of M. Phil programme in Geography declaring her to have passed in Resource Geography and Research Methodology Theory. She has been shown as absent in the Urban Geography papers. Relying upon the attendance sheet for the paper of Urban Geography Course Code No. 6021202 as appended at 2 Annexure-4 to the writ application at serial no. 6 of the same, the submission is that the petitioner has in fact appeared for the same and signed attendance sheet also in confirmation of her presence and appearance in the examination for the said paper and therefore there is no justification for the respondent university to have declared her to be absent in the said paper. The Court could have proceeded to issue notice to respondent and the institute but that would unnecessarily delay matters for the petitioner. Learned counsel for the petitioner therefore prays that the writ application may be disposed off with the direction to the University and the Institute in question. The writ application is disposed with liberty to the petitioner to file representation before the University directly and/or through the Institute submitting details including the attendance sheet in proof of her having appeared in the Urban Geography Course Code No. 6021202 paper. The University is then obliged to consider if the petitioner appeared in the said paper during the examination, based on the attendance sheet and pass final appropriate orders on her prayer for release of her result. If the University is still of the opinion that the petitioner has not appeared for the paper in question, it shall be obliged to furnish materials to the petitioner and require her to meet the same whereafter the University shall pass appropriate orders. 3 If the petitioner files any such representation within a period of two months from today, the University is obliged to dispose of the same in terms of the discussions aforesaid within a maximum period of three months from the date of receipt of such representation from the petitioner. The writ application stands disposed with the aforesaid directions. P. Kumar (Navin Sinha, J.)