IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16359 of 2009 1. MD. SHAMIM ANSARI S/O MD. MUMTAJ ANSARI R/O POKHARBASTI, WARD NO. 20, P.S. FORBESGUNJ, DISTT.- ARARIA Versus 1. THE VICE CHANCELLOR, B.N.MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA, BIHAR 2. THE REGISTRAR, B.N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA, BIHAR 3. THE EXAMINATION CONTROLLER, B.N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA, BIHAR 4. THE PRINCIPAL FORBESGUNJ COLLEGE, FORBESGUNJ, ARARIA ----------- 2. 08.01.2010 Heard learned counsel for the petitioner and for the Respondent-B.N. Mandal University. The relief prayed for is to publish his B.A. part III final (Honours) examination result in which he appeared in 2008. It is fairly acknowledged that the petitioner has not cleared his Matri Bhasha (M.B. Urdu) subsidiary paper in IInd year examination held in 2006. While the petitioner may be right in his contention that once he has been allowed to appear in the IIIrd year examination, any fault in the Respondents by having permitted him to appear, cannot withhold the publication of his result, this Court cannot lose sight of the fact that the petitioner has actually not cleared the paper in the IInd year. Learned counsel for the University submits that the petitioner did not clear the IInd year paper in 2006. Pleadings in the writ application are wanting, if the subsidiary examination was held in subsequent years and in which the petitioner had the opportunity to appear in a supplementary examination along with another session and in which the petitioner appeared or not, the number of time permissible under the regulation, the effect of non- appearance in the supplementary examination under the 2 regulations etc. In absence of necessary pleadings in the writ application as pointed out by the counsel for the University, this Court finds it difficult to pass any positive orders. The matter is referred to the Vice Chancellor of the University to consider the grievance of the petitioner in light of his plea to be allowed to appear at the supplementary examination in the failed Urdu paper obviously to be considered strictly in accordance with the regulations only. Let the same be done within a maximum period of two months from the date of receipt and/or production of a copy of this order. The question of publication of his IIIrd year result shall naturally remain dependent on such decision of the Vice Chancellor. The application stands disposed. AKS/ (Navin Sinha, J.)