IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.32 of 2009 Smt.Rubi Kumari, D/o Sri Suresh Prasad Singh, Resident of village Bhotia, P.O. Chapram, P.S. Simri Bakhtiyarpur, District Saharsa…………………………………………………………………..Petitioner Versus 1. Bhupendra Narain Mandal University, Laloo Nagar Madhepura, Bihar, through its Vice- Chancellor, B.N. Mandal University, Laloo Nagar, Madhepura, Bihar. 2. Vice Chancellor of B.N. Mandal University, Laloo Nagar, Madhepura, Bihar. 3. Sri Arun Kumar, Registrar of B.N. Mandal University, Laloo Nagar, Madhepura, Bihar. 4. Sri R.K.P. Raman, Examination Controller, B.N. Mandal University, Laloo Nagar, Madhepura, Bihar. 5. Principal of Ramesh Jha, Mahila College, Saharsa, Bihar……………………………………………….Respondents ----------- For Petitioner: M/s Surendra Kumar Singh & Sudha Chandra, Advocates For University: Mr. Hamendra Pd. Singh, Advocate 2 29.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondents. Petitioner has filed this writ application with a direction to the respondents to publish her result of B.A. Part III Sociology (Honours) Examination for sessions 2002-2004 in which she has already passed. As per the facts appearing in the writ petition, petitioner was admitted in B.A. Sociology (Honours) Course for Sessions 1993-1996 in Ramesh Jha Mahila 2 College, Saharsa, affiliated to B.N. Mandal University ( in short, ‘the University’). She appeared in B.A. Part I (Hons.) Examination in the year 1994 and cleared the same. Thereafter she appeared in B.A. Part II (Hons.) Examination in the year 1995 and cleared the same also. However, thereafter she could not appear in B.A. Part III (Hons.) Examination as she was married in the meanwhile and she fell ill after some time. Ultimately she appeared before the Principal of the College in 2004 and requested for her re- admission in B.A. Part III (Hons) Course. Her application was allowed and she was admitted in the Course in Sessions 2002- 2004. She completed class and appeared in the examination held in the year 2006. She appeared in all the papers and she claims that she passed in the examination. She enquired and found about the marks allotted to her in different papers which has been mentioned in paragraph 12 of the writ application. Thereafter she applied for marks-sheet and the certificate, which were not 3 issued by the University. Hence, this writ application. Learned counsel for the petitioner submits that in 2004 she was admitted in B.A. Part III (Hons) course in the subject of Sociology after due permission of authorities of the University. He refers to Annexure-3, a photo copy of the application, from which it appears that it was recommended by the Professor Incharge of the College and allowed by Students’ Welfare of the University. Thereafter only petitioner was admitted in the course by the Professor Incharge. He submits that since petitioner has been allowed to appear in the examination with full knowledge of the authorities at every level, respondent University cannot now turn around and refuse to declare her result of the examination on the ground that she was admitted in 2004 against the Regulations. The writ application was filed on 05.01.2009. However, till today no counter affidavit has been filed in this case. 4 Learned counsel for the University submits that there was gap of almost eight years in joining of the petitioner in the course again which was not permissible under the Regulations. Therefore, he submits that petitioner was not entitled to attend the classes of B.A. Part III (Hons.) course and appear in the examination. Hence, she is not entitled for her result. Legally, learned counsel for the University is correct. However, from the photo copy of the application submitted by petitioner for her re-admission in B.A. Part III (Hons.) Course, it appears that there was no concealment of fact made by the petitioner in her application and the same was considered by the authorities of the College and some authorities of the University also, and then orders were issued for her admission. Pursuant to this permission, she was admitted and she completed the course and she was allowed to appear in the examination. The admit card issued to the petitioner to appear in the 5 examination bears signature of the Examination Controller. Thus, finding that petitioner was allowed readmission in B.A. Part III (Hons) Course by the respondents with full eyes open and was allowed to complete the same and appear in the examination, this Court is of the opinion that they cannot now deny to declare her result and issue marks sheet and certificate to her. In the circumstances, the writ application is allowed and the authorities of the University are directed to check up from the tabulation register the marks of the petitioner and declare her result and issue her marks- sheet and certificate positively within two months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)