IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8919 of 2006 3 27.11.2008 Ajay Kumar Sah Son of Sri Guru Prasad Sah, Resident of Village Banmankhi, P.O & PS Banmankhi, District Purnea VERSUS 1. BN Mandal University, Laloo Nagar, Madhepura through its Vice Chancellor, P.O., P.S. & District Madhepura 2. The Registrar, BN Mandal University, Laloo Nagar, Madhepura 3. The Examination Controller, BN Mandal University, Laloo Nagar, Madhepura 4. Sri Bishnudeo Jaiswal, Principal, J.C. Science College, Banmankhi, Purnea. -------- For the Petitioner : Mr Bipin Bihari Singh, Advocate For the University : Mr Harendra Pratap Sigh, Advocate ------- Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for a direction to the BN Mandal University and its officials to issue the original certificate of B.Sc. (Chemistry Honours) in which petitioner was permitted to appear as a registered student of the University and was declared passed. After issuing marks-sheet to the petitioner for the B.Sc. Hons. Examination hled in June, 1998, the original certificate is not being issued on the plea, as advanced by learned counsel for the University, that the college did not have proper affiliation at the relevant time, specially in science subjects for Honours degree. The law is well settled in this regard. There is no 2 fault on the part of the petitioner nor he has made any misrepresentation. For the mistake of the University in scrutinizing the applications for taking the University examination, the students cannot be made to suffer in aforesaid situation. The marks-sheet of the petitioner for the B.Sc.Hons. final examination of 1997, held in June 1998, was issued on 20.10.1998 (part of Annexure-2 series) and that shows that he has secured first class. The petitioner has pursued his career and life on the basis of result published by the University and at no point of time, he was given notice nor his result was cancelled. In the aforesaid facts and circumstances, the University has to issue the original certificate to the petitioner. That must be done without any delay and in any case within one month from today. It goes without saying that clerical verification of correctness of marks in the marks-sheet already issued is always permitted. The writ petition is allowed. (Shiva Kirti Singh, J.) sk