IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11910 of 2003 KRISHNA GOPAL S/O Sri Pashupati Nath, resident of 13/15, Bhikhampura Road, Ram Gulam Tola, P.S. Deoria, District Deoria (Utter Pradesh). Versus 1.VICE.CHANCELLOR.,B.R.AMBEDKAR BIHAR UNIVERSITY, Muzaffarpur. 2.Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. 3.Principal, Muzaffarpur Homeopathic Medical College, Muzaffarpur. 4.Registrar, State Board of Homeopathic Medicine, Bihar ----------- 8 18/1/2010 Heard counsel for the petitioner and counsel for the University. Prayer of the petitioner in this writ application reads as follows:- “(a) Issue writ order or direction particularly in nature of certiorari for quashing of the order dated 18.8.2003 passed by the Registrar, Bhim Rao Ambedkar Bihar University, Muzaffarpur by which petitioner has been declared fail in B.H.M.S. degree examination despite the fact that the petitioner has been declared pass in the examination and accordingly marksheet was issued, subsequently provisional certificate was issued by Respondent no.4 and the petitioner was allowed to complete successful in termship. (b) This Hon’ble Court may be pleased to declare the action of the respondents particularly the respondent no.2 is illegal, arbitrary and malafide, as the petitioner has been declared fail in a calculated design since he could not oblige the authorities. (c) Call for the answersheets 2 relating to the petitioner and also the tabulation register in order to ascertain the fact and finally direct the respondents to issue degree of B.H.M.S. to the petitioner so that the petitioner’s life could not be jeopardized.” Counsel for the petitioner with regard to the aforementioned relief would submit that earlier the petitioner had moved this Court for direction to the respondents to issue certificate by way of declaration of result and this Court by order dated 4.10.2002 in C.W.J.C. No.10547 of 2002 had directed the Vice-Chancellor and the Registrar of the University to look into the matter and pass an appropriate order in accordance with law on the representation filed by the petitioner. The Registrar of the University, in fact, by way of compliance of order of this Court had passed an order on 18.8.2003, wherein it was held that the petitioner actually had failed in the examination and as such there was no question of issuing certificate showing him to have passed the examination. In the said order it was also mentioned that the marks-sheet which was issued to the petitioner showing him to have passed the examination was factually incorrect in view of entries made in the tabulation register. Counsel for the petitioner would submit that the action of the University would not inspire confidence especially when there was already a communication to the 3 Principal of College of the petitioner declaring him to have passed the examination. This Court would find from the counter affidavit filed by the University and its officials that they have produced the relevant extract of tabulation register wherein the petitioner has been shown to have failed in two subjects, namely, Practice of Medicine and Surgery. The Column showing result of the petitioner also clearly mentions about his having failed in the 4th (Final) part, 1998 B.H.M.S. Examination held in the month of July, 2000. Counsel for the petitioner is also not in a position to say that the said extract of tabulation register is a forged document. Even otherwise, the official documents produced by the respondents will have to be respected and therefore merely because there was some marks sheet issued by the authorities of the University showing him to have passed in the examination earlier, cannot change the position that the petitioner had failed in two subjects, as is noted in the tabulation register. The last submission of learned counsel for the petitioner that similarly situated candidates, who were shown to have failed in the tabulation register, have been declared to have passed in the examination, is a serious matter and if the authorities of the University will find that 4 any one whose final result in the tabulation register is one alike the petitioner and had failed in the examination, it will take necessary action for cancellation of their result as well. With the aforementioned observation this application is dismissed. Abhay Kumar (Mihir Kumar Jha, J.)