IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1280 of 2009 Dilip Kumar, son of Sri Surendra Kumar Singh, resident at Patna High Court Quarter No.23 (Old) Adalatganj, P.S. Kotwali, District- Patna …………… Petitioner Versus 1.Magadh University, Bodh Gaya Through its Vice Chancellor, Sri B.N.Pandey 2.The Registrar, Magadh University, Bodh Gaya, Shri B.K.Yadav 3.Sri K.K.Pd., the Examination Controller, Magadh University, Bodh Gaya 4.Sri P.N.Pandey, the Principal, R.P.S.College, Patna 5.The State of Bihar ………….. Opp.Parties ----------- 8. 05/01/2011 In the order dated 21.7.2010 it was noticed that pursuant to the order of this Court passed in the writ application dated 13.8.2008, petitioner had submitted an application for re-totalling of marks on 15.8.2008 which was forwarded by the Principal on the same day. Grievance of the petitioner was that an application was submitted in the University but was not entertained and the petitioner was not allowed to deposit the requisite fee. However, it was noticed that in proof that petitioner had visited the University, he produced the visitor’s slip which was dated 26.3.2009. This showed that for almost seven months petitioner kept the said application in his pocket and did not visit the 2 University. The said visitor’s slip was only of a few days prior to the filing of the contempt application. In the circumstances, notice was issued to the petitioner to show cause as to why he should not be proceeded with contempt and be punished for an attempt to mislead the Court. Original application of the petitioner was directed to be kept on record in sealed cover. Petitioner has filed his show cause. In the show cause, it is stated that the petitioner had sent a representation to the Registrar of the University along with a copy of order passed in the writ matter through registered post much earlier which was received in the University on 1.9.2008. Copy of the said application has now been annexed as Annexure-4 with the show cause. This also shows that the petitioner did not visit the University and only sent his application through registered post. Nothing has been produced on record through show cause to show that prior to 26.3.2009, petitioner had ever visited the University and had tendered the requisite fee for acceptance of his application for re- 3 totalling of marks. Thus, it is clear that petitioner has not come to this Court with clean hands. However, petitioner has tendered unqualified apology through his show cause. Therefore, considering his apology, this Court refrains from initiating contempt proceeding against the petitioner but dismisses the contempt application with a cost of Rs.2000/- which the petitioner shall deposit with the Registrar of the University within one month from today, failing which, the University will be at liberty to withhold his result of any examination which may be due to be published henceforth. Pradeep/ ( J. N. Singh,J.)