IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12664 of 2003 KUMARI PRATIBHA Versus L.N.MITHILA UNIVERSITY & ORS ----------- 9/ 04/02/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was a student of the B.A. course in the session 1994-97 in the A.P.S.M. College, Barauni under the Lalit Narayan Mithila University, Darbhanga with her Hon’s subject Hindi. She completed part-1 and part-2 of the Hon’s examination and then appeared at the part-3 examination. However, her results of part-3 examination were not declared leading to institution of the present case. Counter affidavit has been filed on behalf of the respondent university. It states that according to regulations the petitioner had opted for subsidiary subjects contrary to that permissible. This Court, therefore, requested the counsel for the university to take further instructions if the petitioner had cleared the erroneously opted subsidiary papers. Learned counsel for the university today very fairly states that the petitioner has cleared the subsidiary papers. It was for the university authorities to examine her documents and the subjects opted by her and if 2 there was any error contrary to the regulations; it was for the university authorities to check the same and require the student to change her options in accordance with the regulations. If the petitioner gave a wrong option, the blame lies equally with the university in not having discharged its duties for proper verification of the application form and detecting the error. The university also had a contributory role of negligence and cannot be absolved of it. If the petitioner has cleared all her papers (inclusive of Hon’s papers), applying the reasoning in the orders of the Supreme Court in AIR 1976 S.C. 376 (Shri Krishan v. The Kurukshetra University, Kurukshetra) followed in (2009) 1 SCC 610 (GURU NANAK DEV UNIVERSITY Versus SANJAY KUMAR KATWAL AND ANOTHER), let the university declare the results of the petitioner and also make available her original certificates to her upon payment of the necessary fees within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application is allowed. KC/ ( Navin Sinha, J.)