IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16270 of 2009 1. RASHMI RANI D/O SRI RADHA CHAUDHARY R/O NALANDA COLONY, KHAJEPURA, P.O. B.V. COLLEGE, P.S. SHASTRI NAGAR, DISTT- PATNA AT PRESENT RESIDING AT MOTHER TERESA GIRLS HOSTEL, P.M.C.H. PATNA Versus 1. THE STATE OF BIHAR , THROUGH SECRETARY- CUM - COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT STATE OF BIHAR, PATNA 2. THE SCRETARY- CUM- COMMISSIONER, HIGHER EDUCATION DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. PATNA UNIVERSITY, PATNA, THROUGH ITS REGISTRAR 4. THE VICE - CHANCELLOR , PATNA UNIVERSITY PATNA 5. THE REGISTRAR, PATNA UNIVERSITY PATNA 6. THE EXAMINATION CONTROLLER, PATNA UNIVERSITY PATNA 7. THE CENTRE SUPERINTENDENT , B.D.S.2ND YEAR EXAMINATION, PATNA COLLEGE PATNA ----------- 3/ 30/11/2009 A counter affidavit has been filed on behalf of the University. It states that the process of expulsion is still pending consideration of the University. The petitioner was expelled from the 1st paper of the B.D.S. examination on allegations of using unfair means. She appeared in the 2nd paper under the orders of this Court on 26.11.2009, but was unable to appear in the 3rd paper. The Court is informed that there are three more papers pending in the examination. The petitioner can avail the provisions of a compartmental/subsidiary/special examination. The University’s counter affidavit states that the matter of expulsion is engaging the attention of the University Authorities. Since the result of the consideration can be either ways, when the petitioner claims to be having a defence, this Court considers it proper to direct that the petitioner be permitted to appear in the remaining 2 papers of the B.D.S. course. However, the publication of her results shall be dependent upon the final outcome of the enquiry being conducted by the University with regard to her expulsion from the date of 1st paper allegedly by using unfair means. If the enquiry report is positive the question of publication of her results does not arise. But, if the University finds favour in her defence, it is expected that the University shall take necessary steps to prevent loss of academic year. The Court expects that in the nature of the controversy the University shall complete the enquiry expeditiously so that the petitioner is not prejudiced by delay alone. It is made clear that by reason of this order the petitioner shall not have any legal right to claim publication of the results or to claim any equity or sympathy, in any manner, for having been allowed to appear in the remaining papers all of which shall automatically depend upon the result of the enquiry conducted by the University and the final decision to be taken thereupon. The application is disposed. KC ( Navin Sinha, J.)