IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5754 of 2002 RAMESHWAR PRASAD SAH …………. Petitioner Versus BABA SAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY & ORS. ……………………….Respondents. ----------- 6. 21.01.2009. Heard learned counsel for the petitioner and the University. This Court in the earlier order dated 1.12.2006, after considering the facts of the case, had directed that the University shall consider whether on the basis of the certified copy of the marks sheet (stated to have been obtained from the concerned court at Kathmandu where the original has been deposited in context of Case no. 204/2004), if the original Degree Certificate of Part I of Commerce Examination could be granted to the petitioner, in view of non – availability of records both in the University and the College from which the petitioner claims to have passed. Learned counsel for the University submits that the University is finding it difficult to take a final decision in terms thereof. This Court finds it difficult to appreciate the stand of the University. The certified copy is a secondary evidence in terms of the provisions of the Evidence Act coming from the correct sources when the absence of the original is being adequately explained. Let the University take such appropriate decision in accordance with law after proper examination of the observations of this Court and take a final decision on the issuance of the original certificate to the petitioner within a maximum period of two months - 2 - from the date of receipt and / or production of a copy of this order. If the University declines to grant the relief to the petitioner, it shall be required to pass a reasoned and speaking order within the same period after hearing the petitioner. The writ petition stands disposed of in the aforesaid terms. dk ( Navin Sinha, J. )