IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7421 of 2007 JAG PAL JHA, SON OF SRI DURGA NAND JHA, RESIDENT OF MOHALLA MAHAVIR NAGAR, SAINCHAK, DURGA NIWAS, BEUR JAIL ROAD, BYE-PASS, PATNA-2. --- PETITIONER Versus 1. THE VICE CHANCELLOR,MAGADH UNIVERSITY, BODH-GAYA 2. REGISTRAR, MAGADH UNIVERSITY, BODH-GAYA 3. CONTROLLER OF EXAMINATION, MAGADH UNIVERSITY, BODH-GAYA --- RESPONDENTS ----------- 5 16.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has filed this writ application for grant of the original graduation certificate. The facts are that the petitioner was the student of B.Sc. (Physics Hon’s) studying in A.N. College under the Magadh University in the Session 1994-97. The petitioner took his part I examination in the year 1995 and was declared fail. Thereafter the petitioner passed his second year examination and subsequently his third year examination results were also published in which he had passed. After passing the second and third year B.Sc. examination the petitioner sat for the first year examination and managed to clear all the papers. Thereafter the provisional certificate was also issued to him. The University is not granting the original certificate of the petitioner on the ground that Clause 7.1 of the regulation for bachelor of General/Hon’s (examination) does not envisages that the petitioner should be permitted to take his part III examination without passing the part I examination and that he ought to have cleared the first year examination within a period of three years. The regulation is being quoted below: 2 “There shall be University Examination at the end of the first, second and third year of study known respectively as the B.Sc. (General/Honours) Part I, Part II and Part III examination. No student shall be admitted to the B.Sc. (General) or B.Sc. (Hons.) Part II Class unless he has passed the B.Sc. (General) or B.Sc. (Hons.) Part I Examination and to the Part III Class unless he has passed the Part II examination. Provided that if a student fails in or fails to appear not more than two subjects at the B.Sc. (General/Hons) Part I/II examination he shall be promoted to the next higher class but he shall not be eligible for admission to the B.Sc. (General) or B.Sc. Hons. Part III class. Unless he has passed the B.Sc. (General or B.Sc. Hons.) Part I examination in the subject/subjects concerned.” The proviso of the said clause clearly states that the petitioner could not have sat for the B.A. part III Hon’s examination without clearing part I examination. Learned counsel for the University relies on a Division Bench judgment (Kumari Joyita Roy @ Joyita Roy Vs. The Vice Chancellor, Magadh University & Ors.) reported in 2007(3) BBCJ 293 wherein the Division Bench has rejected the claim of the petitioner for grant of his B.A. certificate in the following circumstances: The petitioner had failed in Part I examination held in November, 1996. Thereafter she was promoted to the second year, in May, 1997 she appeared in the part examination but failed in one of 3 the second year papers. In August, 1997 she appeared in the first year examination for the papers in which she has failed and once again she was unable to clear the papers. The result of the examinations held in August, 1997 and declared in December, 1997. In July, 1998 she appeared in Part I examination for the third time but once again failed. The petitioner thus had not passed in the part I and Part II examinations but was allowed to appear in part III examination. After which she appeared in the Part II in which she had earlier failed and this time she was able to clear part II examination. Subsequently she also appeared in all the papers of Part I examination and managed to clear them as well. It is in these circumstances that the Division Bench has held that not only that the petitioner not clear the papers in which she had failed within the prescribed period of three years but rather had also failed in Part I and Part II and as such even though she was permitted to appear in the B.A. Part III examination, it cannot be held that it was justified and she cannot be granted the B.A. certificate under these extreme circumstances. The Division Bench has distinguished the case of Bhawanand Jha Vs. B.N. Mandal University & Ors. reported in 2004(1)PLJR 260 which is identical to the case of the petitioner. In Bhawanand Jha’s case the petitioner was the student of B.A. Hon’s for the year 1988-91 academic session. In fact his results were published and mark sheet was also issued to him. The reason for withholding the degree of the petitioner was that he had cleared the Part I examination of the University after the part III examination. The Court condoned the delay and ordered that the 4 University should handover the original degree to the petitioner in respect of his B.A. Hon’s examination held in 1991. As stated, the aforesaid facts are identical in the present case and as such I direct that the University should handover the original degree to the petitioner for the session 1994-97. This application is thus allowed. Sanjay (Sheema Ali Khan, J.)