IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6023 of 2008 BABITA SINHA Versus THE STATE OF BIHAR & ORS ----------- 2. 29.07.2008 Heard the learned Counsel for the petitioner, the learned Counsel for the State and the learned Counsel for the Magadh University. The petitioner passed three years B.Sc. (Chemistry Honors) Degree Course in July 2001 in the lst class. Thereafter the mark sheet and the provisional certificates were issued to the petitioner. She applied for issuance of original degree on 8.9.2006 and deposited necessary amount of fee for the same also. She then appeared for selection before the Railway Recruitment Board, Ranchi in March 2008. She has been selected for appointment on the post of Good Guard, E.C.R. and was required to appear before the Board with her original certificates and degree. As late as 7.3.2008 the respondent University only had to say that the application was in process. Finding her career prospectus jeopardised because of the negligence of the University the petitioner was compelled to approach this Court in April 2008. It is unfortunate that even thereafter the University which is supposed to perform the role of a guide and mentor has adopted a callous and negligent attitude towards the petitioner jeopardizing her entire career. The High Court Rules were amended by which the petitioner was required to serve two copies of the writ application on the respondents. This was done with a view to facilitate the respondents by assisting the Court in early disposal of cases when one copy of the application was for the benefit of the respondents as distinct from their Counsel Notwithstanding that the University officials were made aware of the claim made in the writ application till today they have not filed any counter affidavit much less taken any steps to redress the grievance of the petitioner. This Court has no hesitation in holding that present was a completely avoidable litigation generated by the University for which the Court was initially inclined to penalize the concerned adequately. However, for the present it refrains from doing so. A feeble plea with regard to the ongoing strike in the University has been urged in a desperate attempt to justify inaction. The fact that the writ petition has been filed in April 2008 when the strike has commenced in the last week of June 2008 is a matter which the officials of the University conveniently preferred to ignore. Learned Senior Counsel for the University Shri Yugal Kishore is present and submits on instruction from the Vice Chancellor and the Controller of Examinations of the University that they undertake that the original certificate of the petitioner shall be handed over to the learned Senior Counsel of the University within four days of the strike being called off for transmission to the Counsel for the petitioner who shall then hand it over to the petitioner. On the undertaking of the Vice Chancellor and the Controller of Examinations of the University and the acknowledgement on their behalf that there be no other impediment whatsoever in handing over of the original degree to the petitioner, this writ application is disposed with the fond hope that the undertaking shall not be flouted. It has become necessary to record this order on facts in detail so that the interest of the petitioner before her employer is not prejudiced for callousness and negligence of the University authorities. Snkumar/- (Navin Sinha,J.)