IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3523 of 2007 Alpana Mandal, DAUGHTER OF LATE ABHAY MANDAL, RESIDENT OF KESHABPUR JAMALPUR, P.O. AND P.S.- JAMALPUR, DISTRICT- MUNGER :---PETITIONER. Versus 1. The State Of Bihar 2. SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. MAGADH UNIVERSITY, BODH GAYA, THROUGH ITS REGISTRAR. 4. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA. 5. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA. 6. CONTROLLER OF EXAMINATION, MAGADH UNIVERSITY, BODH GAYA. 7. RAM MOHAN ROY COLLEGE OF EDUCATION, KHAZANCHI ROAD, PATNA-4, THROUGH ITS PRINCIPAL. 8. THE PRINCIPAL, RAM MOHAN ROY COLLEGE OF EDUCATION, KHAZANCHI ROAD, PATNA-4 9. THE SECRETARY, RAM MOHAN ROY COLLEGE OF EDUCATION, KHAZANCHI ROAD, PATNA-4 :---- RESPONDENTS. ---------------------------------- For the petitioner :- Mr. Shyama Prasad Mukherjee, Senior Advocate. Mr. Arvind Kumar Verma, Advocate. For the University:- Mr. Anil Kumar Sinha, Advocate. For the State :- Mr. Kundan Kumar, A.C. to S.C.-I. ======== 4. 22.09.2011. Counsel for the Magadh University has filed counter affidavit, which is taken on record. 2. Heard learned counsel for the petitioner, State and the Magadh University. 3. This writ petition has been filed for a direction to the authorities of the Magadh University to grant the petitioner B.Ed. degree pursuant to the mark-sheet dated 17th June, 1995 issued to the petitioner after she became successful in the 1987 Annual B.Ed. Examination, held in the month of September, 1994. Prior to the appearance of the 2 petitioner in the said examination, petitioner was admitted in the Rammohun Roy College of Education, Khazanchi Road, Patna after verification of her B.A. mark-sheet, College Leaving Certificate and other certificates pursuant to notice dated 03.09.1987, Annexure-2/1. After the admission of the petitioner in the College, she was registered with Magadh University, Bodh Gaya to pursue B.Ed. Course 1987- 88 Session in Rammohan Roy College of Education. The registration-receipt even indicates her Roll No. in the College. From the said receipt it also appears that her Registration Number is 65415 of the year 1987. In the light of her admission for pursuing B.Ed. course in the Rammohun Roy College of Education and her registration with the Magadh University she pursued her B.Ed. studies in the session 1987-88. Having completed the course she was allowed Admission Card indicating the registration number, Annexure-4 on the basis of which she appeared in the 1987 B.Ed. examination conducted by the Magadh University in September, 1994. After she became successful in the said examination, mark- sheet dated 17th June, 1995, Annexure-5 was also issued to the petitioner indicating her registration number of the University. In the light of the aforesaid 3 documents when the request of the petitioner to provide her with the B.Ed. degree was not considered and granted by the authorities of the University, she filed the present writ petition. 4. By filing counter affidavit the authorities of the University have opposed the prayer made in the writ petition on the ground that the College Admission Register of Rammohun Roy College of Education was called and from the Admission Register it did not appear that petitioner was ever admitted in the College to pursue B.Ed Course in 1987-88 Session. 5. While filing the aforesaid counter affidavit the authorities of the University have not whispered even a word about the genuineness of the Post Card, Annexure-2/1 asking the petitioner to appear for verification of College Leaving Certificate, B.A. mark- sheet etc. for admission into B.Ed. Course, Session 1987-88, Registration Receipt, Admission Card and the mark-sheet dated 17th June, 1995, Annexures- 2/1, 3,4,5. They have also not disputed the genuineness of the College Leaving Certificate dated 30.6.1995, Annexure-6 issued by the authorities of the Rammohun Roy College of Education to the petitioner. 4 6. There being no dispute about the admission of the petitioner in the Rammohun Roy College of Education in the B.Ed. Course Session 1987-88 and that she was registered for the said course with the Magadh University and that she appeared in the examination pursuant to Admission Card, Annexure-4 and mark-sheet was given to her dated 17th June, 1995, Annexure-5 and the College Leaving Certificate dated 30.6.1995, Annexure-6, I have no option but to direct the University authorities to issue B.Ed. degree to the petitioner in the light of her mark-sheet dated 17th June, 1995, Annexure-5, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Registrar of the University. 7. The writ petition is, accordingly, allowed. P.K.P. (V.N.Sinha,J.)