IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14276 of 2008 ARJUN SINGH Versus KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY & ORS. ----------- 5/ 13/01/2009. Heard learned counsel for the petitioner, learned counsel for the respondent university and for the Principal, Ayurved Medical College & Hospital, Gaya. What was originally an application simpliciter to challenge the denial for permission to appear at the Ayurvedacharya 1st Commercial Examination, 2007, has raised serious questions about the bona fides of the admission of the petitioner. The respondents contend that for admission in the course of Ayurvedacharya, Biology was an essential subject. The petitioner had Biology as an additional subject. Moreover, the candidate was required to pass the paper in Biology. The petitioner had secured only 43 marks in Biology when he represented himself to have secured 48 marks. While the petitioner submitted his mark sheet for the purposes of admission as contained in annexure-A to the counter affidavit of the college, the petitioner relies upon Annexure-1 to the writ application as the mark sheet on the basis of which he had applied for 2 admission. To this Court, there are material contradictions between Annexure-A and Annexure-1. Either of them is obviously incorrect. The writ application is, therefore, raising serious questions of fact with regard to the issue as to which certificate was produced by the petitioner at the time of his admission. What was the status of Biology. Whether it was an additional subject or a compulsory subject in the mark sheet produced by the petitioner for admission and what were the marks obtained by him in the subject of Biology. These are all issues which can be examined only after an enquiry with proper opportunity to the petitioner to rebut the allegations against him. The order of the respondents at Annexure-9 dated 24.9.2008 cancelling his admission on the ground of having gained the same by fraud is an ex parte order without notice to the petitioner and opportunity to meet the allegations against him. That is considered as sufficient by this Court to set aside the order dated 24.9.2008 to that very limited extent only to enable the Registrar of the respondent University to hold an enquiry into the legality of the admission of the petitioner after due opportunity to him and take a fresh decision in accordance with law within a maximum 3 period of 8 weeks from the date of receipt/production of a copy of this order. For the purpose of record, let the statement of the counsel for the petitioner made on instructions be recorded herein that the petitioner is ready and agreeable for an F.I.R. to be instituted against him in the event that after enquiry the allegations are found to be correct. The writ application is allowed to the limited extent as directed above. KC ( Navin Sinha, J.)