Letters Patent Appeal No.1145 OF 2001 **** Against the judgment and order dated 31st August, 2001 passed by the learned Single Judge in CWJC No. 8488 of 2001. **** SHAMBHU ANAND---------------------------------APPELLANT VERSUS THE BHUPENDRA NARAYAN MANDAL UNIVERSITY & ANR ------------------------- RESPONDENTS. **** For the Appellant:- Mr. Suraj Nr. Yadav with Mr. Binod Kumar Sinha, Advocates. For the Respondents:- Mr. B.K. Jha, Sr. Advocate with Mr. Abhya Kumar, Advocate. **** P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH AND THE HON'BLE MR. JUSTICE C.M. PRASAD Barin Ghosh and C.M. Prasad, JJ.- Heard learned counsel for the parties. In the State of Bihar, since the time with which we are concerned till date, in order to be a Graduate, a candidate is required to appear and succeed in three examinations, all to be conducted by the University. In order to appear at such examinations, a candidate is required to get himself enrolled with a college which has got the privilege of the University by way of affiliation. Unless a college has the privilege of the University by way of affiliation, the college cannot forward or sponsor a candidate to the University for the purpose of enabling the candidate to appear in any of such examinations to be conducted by the University. In the instant case, the appellant enrolled himself with a college, which, there is no dispute, did not have the privilege of the Respondent – University for the college was not affiliated with the said University. The college, however, sponsored the appellant to the Respondent – University 2 for appearing in the first examination as was later on conducted by the University. The University by issuing an admit card permitted the appellant to appear at the said examination, whereupon, after appearing, the appellant succeeded. He was thereupon issued a marks sheet by the University and the said admit card as well as the marks sheet were made available by the University to the appellant through the College. The same happened in the next two succeeding examinations. After having had succeeded in the last and final examination, the University through the college in question also made available to the appellant a provisional certificate showing that he has become a Graduate. Later on, the University refused to grant the final pass certificate and the migration certificate on the ground that the college was not an affiliated college through which the appellant had appeared in the examinations in question. The stand so taken by the University was the subject matter of challenge in the writ petition which has been dismissed by the judgment and order under appeal on the ground that since the college in question was an unaffiliated college it was not obligatory on the part of the University to issue the final pass certificate as well as the migration certificate. A college which does not have the privilege of the University, no doubt cannot ask the University to do anything far less ask the University to examine a candidate, who has been imparted education by the college. Therefore, on the principles of law considered by the learned Judge, there is no scope of interference. However, the University, being an authority within the meaning of Article 12 of the Constitution of India, is bound to uphold the rights of the citizens and, accordingly, cannot shirk from its responsibilities owed towards the citizens. It was possible that due to commission of 3 mistake, an admit card was issued to the appellant when he applied through an unaffiliated college for appearing at the examination of the University. However, the fact of issuance of marks sheet in favour of the appellant suggests that the University opened a tabulation register in respect of students sponsored by such an unaffiliated college. Furthermore, in the admit cards issued by the University for the three successive examinations, the University described the appellant as a candidate sponsored by the college in question which, according to the University, is not an affiliated college. The University has totally failed to disclose any reason why it acted in such a manner and held out to the appellant that, as entitled to, the appellant was permitted to appear in the examinations of the University where, according to the own showing of the University, the appellant succeeded. After having had held out thus, the University could not interfere with the right of the appellant to be recognized as a Graduate by refusing to issue the final pass certificate as well as the migration certificate. If we hold that the University despite having had made such representations is entitled to withhold the certificates, as had been applied for by the appellant, that would tantamount to permit the University to interfere with the right to life of the appellant which the University, being a State within the meaning of Article 12 of the Constitution of India, cannot. There cannot be any dispute that educational qualification is an instrument for improvement of life, which too, stands protected. In the circumstances we have no other options but to interfere with the judgment and order under appeal which, we hereby do, and, accordingly, the appeal is allowed. The judgment and order under appeal is set aside and the University is directed to forthwith, on submission of a copy 4 of this order upon the University, hand over to the appellant the original pass certificate as well as the migration certificate. In the event for making available such certificates, the University is entitled to any fees, it goes without saying that the University shall recover the same from the appellant. ( Barin Ghosh, J. ) ( C.M. Prasad, J. ) Patna High Court. The 21st August, 2008. NAFR/DK