IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9473 of 2008 3 18.11.2008 Ram Raghvendra Kumar son of Sri Rajeev Ranjan, resident of Mohalla Mission Road, Ward No.26, PS Madhepura, District Madhepura VERSUS 1. Bhupendra Narayan Mandal University, Laloo Nagar, Madhepura through its Vice Chancellor 2. Registrar, BN Mandal University, Laloo Nagar, Madhepura 3. Examination Controller, BN Mandal University, Madhepura 4. Principal, JNSP Memorial Evening College, T.S. Madhepura ------- For the Petitioner : M/s Satish Chandra Jha and Kumar Ravi Shankar, Advocates For the Respondents : Mr Abhay Kumar, Advocate ------- Heard learned counsel for the petitioner and learned counsel for the respondents. Petitioner was a student of B.Sc.( Honours ) in Botany at JNSP Memorial Evening College, Madhepura. The University treated the college as a regular college affiliated to the University and petitioner passed B.Sc. (Hons.) Part I Examination, 1993. He was thereafter admitted in B.Sc. Part II (Hons) Botany course at Madhepura College, Madhepura from where he cleared and passed final Honours Examination of 1996. According to respondent University, the petitioner had pursued his studies for B.Sc.Part I and Part II in a college which was not affiliated to University and, therefore, the University as per its counter affidavit, is not prepared to give 2 original certificate of B.Sc. (Hons.) to the petitioner although he has been issued with marks-sheet as well as provisional certificate and migration certificate. The law on the issue that University can refuse to take examination of a student pursuing his studies in a non- affiliated institution is well settled. But whether an institution is affiliated or not is within the knowledge of the University and it must exercise caution at the time of accepting examination forms and issuing admit cards to the students. Unless there be a case of fraud or misrepresentation, the student cannot be made to suffer for any omission or negligence on the part of University in such matters which have led to a student taking University examination and then pursuing his career in the life on the basis of marks and certificate issued by the University. In the present case, the petitioner was issued even migration certificate and he claims to have pursued studies in law and after obtaining law degree he is pursuing a career in law. In the counter affidavit some judgments of this Court have been cited in paragraph 13 of the counter affidavit but in reply learned counsel for the petitioner placed reliance upon a Division Bench judgment of this Court in the case of 3 Shabhu Anand v. Bhupendra Narayan Mandal University, reported in 2008(4) PLJR 453. In that judgment, relating to same very University, the Division Bench held that the University has totally failed to disclose why it acted in a particular manner and issued admit card to student of a non- affiliated college enabling the student to take three successive examination conducted by the University. In the present case also, the factual position is similar. Following the said judgment, the writ petition is allowed. The respondent University is directed to issue original certificate to the petitioner forthwith and in any case within four weeks. (Shiva Kirti Singh, J.) sk