IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3683 of 2008 Sita Kumari, D/o- Santoshi Singh, resident of Shri Krishna Nagar, Ahari, Madhukar Colony, P.S.- Aurangabad, District- Aurangabad (Bihar). …….. Petitioner. VERSUS 1. Magadh University, through Vice-Chancellor, Bodh Gaya. 2. Vice-Chancellor, Magadh University, Bodh Gaya. 3. Examination Controller, Magadh University, Bodh Gaya. 4. Principal, Kishori Sinha Mahilla Mahavidyalaya, Aurangabad. …….. Respondents. ----------- 05 17.03.2009 The petitioner appeared as a regular student for B.A. examination conducted by the Magadh University in the year 1994. She passed B.A. Part I examination in the 1994 and her results for Part I was published. She then appeared for the examination of B.A. Part II and accordingly her result was published showing her passed. Thereafter, she dropped out but then she applied again for appearing in B.A. III (Hons.) examination of the year 2005. She was issued admit card, she sat for the examination in the year 2006. She alleges that she had passed in Part III examination but her results are not published. Magadh University has filed a counter affidavit in which it is stated that due to discontinue study for 10 years she was wrongly permitted to appear in the examination in the year 2006. This was not permissible under the examination bye-laws of the University. Having heard the parties and with their consent the writ petition is being disposed of at the stage itself. From the facts foresaid, it would be clear that University granted permission to the petitioner to appear in Part III examination. In fact, petitioner appeared in Part III examination. Having done so, any plea raised by the University should not come in way of publication of 2 result, inasmuch as, this question was also open when University scrutinized the application of the petitioner. If University chooses not to wake up and scrutinize the application form at this stage, it cannot do so. This position is well settled by the judgment of the Apex Court in the case of Shri Krishan Vs. Kurukshetra University AIR 1976 Supreme Court 376. The writ petition is thus allowed with a direction to the University to publish the result of B.A. Part III (Hons.) examination of the petitioner forthwith. Trivedi/ (Navaniti Prasad Singh, J.)