IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16409 of 2009 1. BIBI AYESHA TABASSUM D/O MD. TAIYAB VILL- GAIYARI, P.S. ARARIA, DISTT. ARARIA Versus 1. BHUPENDRA NARAYAN MANDAL UNIVERSITY LALOO NAGAR, MADHEPURA, DISTT. MADHEPURA THROUGH ITS REGISTRAR 2. VICE CHANCELLOR B.N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA 3. REGISTRAR B.N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA 4. CONTROLLER OF EXAMINATION B.N. MANDAL UNIVERSITY, LALOO NAGAR, MADHEPURA 5. PRINCIPAL-IN-CHARGE ARARIA MAHILA DEGREE COLLEGE, ARARIA, DISTT. ARARIA ----------- 2. 8.1.2010 Heard learned counsel for the petitioner and learned counsel for the B.N. Mandal University. The controversy relates to the Rashtrabhasha paper, Part-II B.A. (Hons.) course, in which the petitioner is stated to have appeared in 1995 and claims that she had wrongly been assessed on basis of 100 marks declaring her failed when she had been assessed on the basis of 50 marks in Matribhasha paper of Urdu. Consequently, her Part-III examination result for which she appeared in 1998 has also not been published. Counsel for the University emphasizes the staleness of the matter. The petitioner was a candidate and was certainly aware of the publication of the result in 1995 itself and of the alleged irregularities as claimed. Nonetheless, she represented for the same only in 1997 and then slept over the matter till 2009. Counsel for the petitioner submits that the 2 University may be directed to examine her representation. This Court cannot lose sight of the objection on behalf of the University with regard to the staleness of the matter, the possibility of non-availability of records etc. and therefore this observation for disposal of the representation of the petitioner shall remain circumscribed by the order of the Supreme Court in (2008) 10 SCC 115, in so far as the petitioner is concerned, in so far as any fresh cause of action thereafter is concerned. The writ application stands disposed. P. Kumar (Navin Sinha, J.)