IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7567 of 2010 1. Ameet Kumar, son of Sri Dwarika Prasad, village Gajasarai, PS Islampur, District Nalanda, at present residing at Dhanwantary Chhatrawas, Room No. 13, P.M.C.H., Patna, PS Pirbahore, Patna. 2. Vineet Kumar Ranjan, son of Shri Lal Bahadur Prasad, village Jeena Tola Dhush, PS Nasriganj, Dist. Rohtas, at present residing at Dhanwantary Chhatrawas, Room No. 9, P.M.C.H., PS Pirbahore, patna. 3. Sujeet Kumar, son of Shri Basudeo Mandal, village Nirmali, PS Pipra, District Supaul, at present Dhanwantary Chhatrawas, Room No. 26, P.M.C.H., PS Pirbahore, Patna – Petitioners. Vs. 1. Patna University through Registrar, Patna University, Patna. 2. The Vice Chancellor, Patna University, Patna. 3. The Examination Board, Patna University, Patna. 4. The Controller of Examination, Patna University, Patna. 5. The Principal, Patna Medical College and Hospital, Ashok Raj Path, Patna. 6. The Pro Vice Chancellor, Patna University, Patna. 7. The Committee Constituted by the Vice Chancellor to decide the allegation against the petitioners, Patna University, Patna – Respondents. 2 30.4.2010 Heard learned counsel for the parties. The petitioners the students of M.B.B.S., Phase-II 2010 (Ist) examination of P.M.C.H. under Patna University. They were allegedly caught using unfair means in Pharmacology Paper I. Their answer sheets were taken away and they were asked to leave the examination hall. This court by order, dated 17.3.2010 gave a direction that an enquiry should be held and a reasoned and speaking order dealing with the allegations, the defence be passed within a period of one month from the date of receipt / production of a copy of the order. The order was served on 23.3.2010 and the date for hearing was fixed on 22.4.2010. It appears that no decision has been taken as per the statement made by counsel for the petitioners because the Magistrate did not appear to give evidence of the alleged unfair means. 2 The supplementary examination is to commence from 8.5.2010 for which the last date for filling up the forms is today without late fine and 3.5.2010 with late fee. Considering the fact that it is not fault of the petitioners that they have not been able to fill up their forms, the respondents are directed to allow them to fill up the forms by 3.5.2010 without charging any late fee. Needless to say that the result of the supplementary examination as well as annual examination shall remain pending till a decision is taken by the Patna University as per the direction of the High court. I accordingly direct that the petitioners should be permitted to appear in all the papers in supplementary examination. The result should be published after enquiry is complete. Considering the fact that the petitioners would be busy in taking their examination, it would not be proper that the enquiry should be held during the period when examination is going on, as it would virtually be impossible for the petitioners to participate in the enquiry. This writ petition is disposed of with the aforesaid directions. haque (Sheema Ali Khan, J.)