IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.4949 of 2009 Date of Decision: April 16, 2009 Amit Kumar & Others .....PETITIONER(S) VERSUS State of Haryana & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Rajnish Chadwal, Advocate, for the petitioners. Mr. Sunil Nehra, Assistant Advocate General, Haryana, for respondent No.1. Mr. B.L. Gupta, Advocate, for respondent No.2. Mr. Sanjiv Bansal, Advocate, for respondent No.3. . . . AJAI LAMBA, J (Oral) The following order was passed on 30.3.2009:- “Learned counsel contends that result of the petitioners for examination taken in April 2008 was declared as `result later’. It however transpires that answer-sheets have been lost by the respondents. Learned counsel contends that the career of the petitioners is at stake. Neither the result is being declared nor the petitioners are being given an opportunity to take the examination again. Learned counsel further contends that no fault of the petitioners can be traced in the entire incident. Notice of motion for 16.4.2009. Learned counsel has informed the Court that last date for filling the form for taking the examination of B.Pharmacy Course is 6.4.2009. CWP No.4949 of 2009 [2] In view of the contention, it is directed that the petitioner would be allowed to apply for taking exam. The order, however, is only provisional and would not confer a right on the petitioner.” Learned counsel for respondent No.2 –University states that an FIR has been lodged in which there are allegations against the petitioners also. Learned counsel for the respondent has further contended that he has instructions to inform the Court that the petitioners would be given an opportunity to take examination again. The examinations are scheduled in 2009 itself. Learned counsel, however, states that if the petitioners are found responsible for the loss of answer sheets, they would be required to face criminal prosecution. In view of the above, this petition is disposed of in view of the undertaking given on behalf of the respondents that the petitioners would be given an opportunity to take examination again. It is, however, made clear that in case, in criminal proceedings, material is collected to indicate culpability of the petitioners, they would be required to face criminal prosecution. (AJAI LAMBA) April 16, 2009 JUDGE avin