IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6079 of 2008 RAVI RANJAN Versus B.N.MANDAL UNIVERSITY & ORS ----------- Advocate for the Petitioner;- Mr. Uday Chand, Advicate & Mr. Manoj Kumar, Advocate ------- Advicate for the University:- Mr. H.P.Singh, Advocate 7 Mr. Abhay Kumar, Advocate 2 23-10-2008 Heard learned counsel for the petitioner and learned counsel for the University. Petitioner was declared to have passed B.Sc. Botany (Honours) examination of the Sessions 1994-97 by the B.N .Mandal University, Madhepura. His mark-sheet bearing all the details and the provisional certificate both issued in August, 2006 have been annexed as annexures 1 and 2. The writ petitioner was a student of R.P.M. College, Tuniyadih, Madhepura in the Sessions 1994-97 within B.N.Mandal University, Madhepura . Petitioner was forced to move this court through writ petition when his request for providing original certificate was not being accepted by the University. The counter- affidavit filed on behalf of the University discloses that in the degree Part III Examination 1997 petitioner obtained a total of 127 marks in the theory papers of that year against the requirement of securing 135 marks to pass in those papers. It is further stand of the University that - 2 - as per Regulation no. 15(ii) only 5 marks could have been given as grace marks to enable a candidate like the petitioner to secure honours ( 45%) ( IInd Class) or to secure Ist. Class in that examination. Thus, the stand of the University is that against permissible grace marks of 5 petitioner was given 8 grace marks and on that basis he has been declared to have passed the Hon ours examination in First Class. On behalf of petitioner it has been submitted that petitioner completed his College study long back and has pursued his career on the basis of result granted by the University for several years and at no point of time the University ever decided to correct such errors which were committed not only in respect of the petitioner but in respect of several other candidates of various examination . On behalf of petitioner reliance has been placed upon a judgment and order of this court dated 3-11-2003 passed in C.W.J.C.No. 8836 of 2003 ( Gajendra Kumar Sah Vrs. B.N.Mandal University & Ors ) which has been annexed as Annexure-7 series to point out that in that case a supplementary counter-affidavit was filed on behalf of respondent- University sworn by the Controller of the Examdination of the University and paragraph-6 of that affidavit is as follows :- “ That the (sic) it is relevant to state here that the examination committee of the University in its meeting no. 90 dated10-11-2001 vide resolution no.6 resolved that with regard to grant of grace marks given earlier to the candidates, their result would not be touched but with regard to the examinees whose results have not been published, they will not be given grace marks against regulation.” It appears from the judgment - 3 - Naresh and order dated 3-11-2003 that on the basis of aforesaid stand of the Controller of Examination this court accepted that the University has taken a conscious decision not to touch the earlier results and only the results which had not been published till 10-11-2001 shall be reconsidered to ensure that they do not violate the regulations. In view of such stand of the University that writ petition was allowed and respondent-University was directed to issue the original certificate of B.Sc. Physics Honours 1997 to the petitioner of that case. This court finds that the case of the present petitioner stands on similar footing and in the counter affidavit filed in this case the University has not taken any contrary stand that the earlier results have also been subjected to any revision. Hence, following the earlier judgment this writ petition is allowed. The respondent University is directed to issue the original B. Sc. Botany Honours certificate of the year 1997 to the petitioner forthwith and in any case within four weeks from today. (Shiva Kirti Singh,J)