IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1348 of 2009 S.S.P.S.COLLEGE,SHAMBHUGANJ, AT P.S.& P.O. SHAMBHUGANJ, DISTRICT-BANKA, THROUGH ITS PRINCIPAL SRI INDRAJIT KUMAR SINGH, S/O LATE NUNUMANI SINGH, R/O VILLAGE RANGAPATAL P.O. NOWGAIN, VIA-TARAPUR, DISTRICT-MUNGER PROFESSOR INCHARGE S.S.P.S. COLLEGE, SHAMBHUGANJ, AT, P.S. & P.O.SHAMBHUGANJ- --(PETITIONER)—APPELLANT Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HIGHER EDUCATION, NEW SECRETARIAT BUILDING, BAILY ROAD, PATNA-800 001. 2. THE TILKA MANJHI BHAGALPUR UNIVERSITY, THROUGH ITS VICE CHANCELLOR, P.S. & DISTRICT- BHAGALPUR. 3. THE PRO VICE CHANCELLOR TILKA MANJHI BHAGALPUR UNIVERSITY, P.S. & DISTRICT BHAGALPUR. 4. THE EXAMINATION CONTROLLER, TILKA MANJHI BHAGALPUR UNIVERSITY, P.S. & DISTRICT BHAGALPUR. 5. THE REGISTRAR, TILKA MANJHI BHAGALPUR UNIVERSITY, P.S. & DISTRICT-BHAGALPUR. --(RESPONDENTS)—RESPONDENTS ----- For the Appellant : Mr. Madhav Roy For the State : M/s Rakesh Kumar, G.A. 9 Ashok Kr. Keshari 2 18.11.2009 Heard learned counsel for the appellant and learned counsel for the Tilka Manjhi Bhagalpur University as well as learned counsel for the State. From the order under appeal it is clear that main difficulty in the way of the students of the appellant College 2 arose on account of delayed decision by the State Government which was communicated vide Annexure-6 dated 29th July, 2009 in CWJC no. 9933 of 2009 conveying that the affiliation granted to the College had been further extended for the Sessions 2008-09 till 2010-11. By that time the Sessions for the year 2008-09 had already begun and allegedly admission in Honours class was permitted by the College in anticipation of such affiliation, the students of the appellant College submitted applications and fees for taking the B.A., B.Sc., and B.Com Honours Examination of the Sessions 2008-09 which was to commence from 3rd August, 2009. Although the forms and fees had been submitted earlier but the University did not permit either the regular students of the sessions 2008-09 or thirty two students of the earlier session who had been earlier permitted to take Honours examination but had not been able to pass or appear. After considering all the facts, in our view, the writ Court has rightly resolved the controversy by directing the University to permit the regular students of Session 2008- 09 to appear in the Honours course examination which may 3 be next held by the University on the basis of forms and fees already submitted. So far as thirty two ex-students are concerned, the writ Court has directed that they should be permitted to appear in the Honours course of the Session for which they were admitted and for this the University has been directed to consider for allowing them to take a special examination as early as possible and in any case within one month, provided those ex-students are found to have been registered with the University for the purpose of appearing in the Honours course of the concerned session. From the discussions made in the judgment under appeal, it is clear that there was some mistake by the University Authority probably on account of delayed receipt of affiliation and the students were shown to be students of only Pass Course in the application submitted with the University for their registration as University students. In that view of the matter, the writ Court has observed in the last part of the judgment that the regular students of Session 2008-09 shall be deemed to be as registered for taking Honours course examination. In our view, the said deeming fiction should be 4 applied even to the thirty two ex-students who had earlier been cleared for taking Honours examination itself. Therefore, the proviso added by the writ Court in respect of thirty two ex-students does not appear to be reasonable. Such proviso shall, therefore, be ignored and those thirty two ex- students will be allowed to take the Honours examination as per forms and fees submitted by them either by arranging special examination, if possible, or in the next examination of the University. The appeal is disposed of accordingly. Learned counsel for the University submits that there is apprehension that this College is forwarding applications and forms of students without imparting proper teaching for them for Honours course, we are sure the University has sufficient power to take action in such matters, if required. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AAhmad