IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4369 of 2008 SACHINDAR KUMAR Versus MAGADH UNIVERSITY & ORS ----------- 2. 11/09/2008 It appears that the petitioner along with others had earlier moved this Court in C.W.J.C.No.7393 of 2007 for a direction to the respondents to allow them to appear in the 4th year B.Sc. Engineering Examination of the Sessions 2001-05. The University had denied permission to the petitioner to appear in the examination on the ground that he had not cleared one or two papers in earlier examination. While considering the case of the present petitioner, this Court found that since petitioner had cleared all the papers of all the previous three years, he was entitled to appear in the final year examination. Therefore, this Court disposed of the writ petition by order dated 2.7.2007 directing the respondents to allow the petitioner to appear in the 4th year examination. Learned counsel for the petitioner submits that the said order was passed before the 4th year examination commenced and the order of this Court was in the knowledge of the - 2 - University, but since no formal order was passed by the University, petitioner could not appear in the first and second paper of the examination which was held on 5th and 7th July, 2007. However, after formal orders were passed by the University, petitioner appeared in the examination of subsequent six papers. Thereafter, petitioner has been allowed to clear his first and second paper of Fourth Year in the Special Examination and now petitioner has been declared as pass in the fourth year examination. However, as per University Regulation total marks achieved in those two papers in special examination has not been added in his result and only minimum pass marks of those two papers have been indicated in his marks sheet. Learned counsel for the petitioner submits that since it was due to the delay on the part of the University authorities in issuing formal orders for his appearance pursuant to the orders of this Court because of which he could not appear in first and second paper, he should not be deprived of benefit of total marks achieved in the first and second paper. Learned counsel for the University does - 3 - not oppose the submission of learned counsel for the petitioner. In that view of the matter, this writ application is disposed of and the University authorities are directed to publish the result of the petitioner by taking into account his actual marks obtained in the first and second paper of 4th year examination cleared by the petitioner in special examination, treating him as regular candidate. The said marksheet of the petitioner in the manner indicated above shall be issued to him within a period of one month from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ application stands disposed of. Pradeep/ (J. N. Singh, J.)