IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5136 of 2010 VIJAY KUMAR YADAV Versus L.N.MITHILA UNIVERSITY & ORS ----------- 2. 2.8.2010 Heard learned counsel for the petitioner, for the L.N. Mithila University and for the B.N. Mandal University. This writ application raises purely administrative issues based on facts and there is no occasion for the Court to adjudicate any question of law in the application, in exercise of powers under Article 226 of the Constitution of India. The petitioner claims to have been a student of the B.A. (Hons) (Sociology) course in the Session 1989-92. Part Ist and Part IInd were completed when his college was a part of L.N. Mithila University. Part IIIrd was completed when his college was a part of the B.N. Mandal University. The contention is that though his first year mark sheet shows that his results were pending, he in fact cleared all the papers when he was admitted to the IInd year and passed the IInd year also considering which he was admitted to and passed the IIIrd year also when his marks of the first year in the course of Sociology for the subsidiary paper of Psychology were added in the IIIrd marks. The petitioner then went on to complete his Masters course in Sociology from the L.N. Mithila University. 2 Counsel for the L.N. Mithila University invites attention of the Court to the second year mark sheet of the petitioner to suggest that the figure 92 in the IIIrd subsidiary subject of Psychology is not free from doubt and perhaps is reflective of some correction/overwriting or may be interpolation. This may be the subject matter of appropriate enquiry. Counsel for the B.N. Mandal University has emphasized that the entire pleading of the writ petitioner is that his result of Ist year Sociology B.A. (Hons.) course is pending. Nowhere it has been asserted that the petitioner cleared the Ist year when it is only being suggested that because he was allowed to appear in the second and third year, he may be deemed to have been cleared the first year. The writ petition appears to be based on disputed facts upon which a claim for issuance of a original certificate of the B.A. (Hons.) Sociology course is sought much belatedly in the year 2010. This Court finds it difficult on basis of the materials as produced by the petitioner himself to pass any positive orders much less to call upon the respondents to file a counter affidavit. The petitioner has himself alone to blame for his predicament of having woken to the issue several years later for which the only explanation is that his present employer had demanded the original certificate and therefore he had 3 moved the Court. If a provisional certificate has been issued to the petitioner with regard to having passed the IIIrd year B.A. (Hons.) Sociology course, on basis of the materials produced by the petitioner himself including that pointed out by the counsel for the L.N. Mithila University, this writ application is disposed with the observation that the L.N. Mithila University and the B.N. Mandal University shall appropriately enquire into matters and after they are fully satisfied they may pass an appropriate order in accordance with law including the grant of the original certificate as the case may be. At this stage, if the petitioner requests for a personal hearing either from the L.N. Mithila University or the B.N. Mandal University, alternatively from both, it is directed that he shall be granted the same before any final orders are passed. The writ application stands disposed. Let this order be complied with within a maximum period of four months from the date of receipt/production of a copy of this order. P. Kumar ( Navin Sinha, J.)