IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15933 of 2007 KRISHNA CHANDRA son of Sri Kamta Prasad Singh, resident of village- Khapur, P.O. Pakri Barwari, P.S. Pakri Barwari, District- Nawada. Versus 1. THE V.C.,MAGADH UNIVERSITY at Gaya. 2. Registrar, Magadh University at Gaya. 3. Examination Controller, Magadh University at Gaya. 4. The State of Bihar through Secretary Higher Education,Bihar,Patna. ----------- 3 3.3.2009 On several dates in the past, the case was called out but no counsel for the University appeared. On 2.9.2008 notices were then issued to Magadh University to appear and assist the Court. Inspite of notices having been served validly, several months back , no one is appearing on behalf of the University. Petitioner asserts that he was a student of Ram Mohan Roy College of Education,Khajanchi Road,Patna and had given his examination in March,1990 for the B.Ed. He passed in 2nd Division and was issued marksheet on 3.1.1992, which is annexed as Annexure 2. He now required the formal degree, for which he made an application on 30.1.2006, which was duly forwarded by the College to the University but the University has not processed any further. In view of non co-operative attitude of the University in the matter , I have no option but to decide these proceedings ex parte on the basis of material available on the records. Record establishes that the petitioner sat for the examination and he passed in 2nd division. Having passed in 2nd division and having been issued the - 2 - marksheet (Annexure 2), the University cannot deny issuing formal degree in that respect. I therefore, direct that within one month from the date of production of a copy of this order before the Controller of the Magadh University, a formal degree corresponding to petitioner’s marksheet, as appended to Annexure 2, would be duly issued to the petitioner on payment of whatever charge University may levy. The writ petition stands disposed of. singh (Navaniti Pd. Singh)