IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9567 of 2008 ARTI SINGH wife of Shri Sanjay Kumar Chand daughter of Shri Manohar Prasad Singh, resident of village-Raghunathpur, P.S.Bhargama, Dist-Araria. Versus 1. THE B.N.MANDAL UNIVERSITY ,Madhepura through its Vice-Chancellor. 2. The Registrar, B.N.MANDAL UNIVERSITY ,Madhepura 3. The Controller of Examination, B.N.MANDAL UNIVERSITY ,Madhepura 4. The Principal, Ram Kishan Kaushalya Mahavidyalay, Purnea. ----------- For petitioner:- Mr.Amrit Abhijat, Adv Mr.Subesh Sharma, Adv. For University:-Mr.H.P. Singh, Adv. 4. 17.11.2008 Heard learned counsel for the petitioner and learned counsel for the B.N.Mandal University. Petitioner passed B.A.(Hons) Examination in Home Science from the Respondent University in the year 1999 as a regular student of academic session 1996-1999. Petitioner was declared passed in first class and issued with provisional certificate as well as mark-sheet in the year 2001. The original certificate is not being issued by the University on the ground that in the University examination for B.A. Part-1 petitioner was wrongly given 16 grace marks by the University to enable her to pass that examination whereas only 5 marks could have been given as grace marks as per regulation, to a student for final year examination to enable the student either to - 2 - pass that examination or to secure first class. Recently, this Court noticed similar controversy in another writ petition and on the basis of earlier judgment the writ petition was allowed after noticing the stand of the University in earlier case that old results have not been cancelled and the decision not to award such grace marks contrary to regulations will be applied strictly only in future. The petitioner is entitled to get the relief prayed for on the admitted position that as a student, she is not guilty of fraud or misrepresentation. The University on account of its own decision granted grace marks to student of the particular examination although it was not final examination. On that basis the petitioner studied in B.A (Hons) Part-2 and Part-3 and was further permitted to take final examination. The petitioner was issued provisional certificate and mark-sheet and her result has never been cancelled by the University. Clearly, the petitioner is not at fault and on the principle of law settled by the Apex Court in the case of Sri Krishan Vs Kurukshetra University, AIR 1976 SC 376 she is - 3 - entitled to be issued with original certificate/degree to show that she has passed B.A.(Hons)examination of the year 1999 in Home Science conducted by the Respondent University. Such certificate/degree must be issued to the petitioner within a period of four weeks from today. The writ petition is allowed. perwez (Shiva Kirti Singh,J.)