IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12569 of 2009 PRANENDRA KUMAR SINGH Versus THE V.C.,MAGADH UNIVERSITY &OR ----------- 2. 6.10.2009 Heard learned counsel for the petitioner and the State. Learned counsel for the University points out that the petitioner passed the Part-II examination of M.Sc. Physic simultaneously with certain failed papers of Part-I, when in fact he could not appear in Part-II till he cleared the Part-I papers. But, learned counsel for the University very fairly acknowledges that it was for the University/College to scrutinize the papers of the petitioner and prevent him from appearing at the Part-II examination unless he clear all papers of Part-I. It is fairly acknowledged that in absence of any allegations of fraud etc. on part of the petitioner, it may be difficult for the University to withhold the results in view of the law laid down by the Supreme Court in A.I.R. 1976 Supreme Court 376 followed in 2009(1) SCC 610. The petitioner has stated in Paragraph 13 of the writ application that his employment was jeopardised in absence of the issuance of the final mark sheet of his post graduation course. The writ application is disposed with the direction that the University shall issue the final mark 2 sheet of the petitioner, once it allowed the petitioner to appear at the Part-II examination when as a matter of fact the petitioner has in fact also cleared all the Part-I papers in view of law as discussed above. The writ application stands disposed with the aforesaid directions. P. Kumar (Navin Sinha, J.)