IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3103 of 2011 Umesh Kumar Mehta & Ors Versus Bihar School Examination Board ----------- 3 19.10.2011 Heard learned counsels for the petitioner and the Board. A show cause has been filed on behalf of the Board stating therein that the certificate of the petitioner could not been issued pursuant to the order dated 04.07.2007 since the College in question had admitted students more than the permitted number of students. It is submitted that in the light of the order dated 09.02.2009 read with 07.12.2009 of the Hon’ble Apex Court in Civil Appeal No. 1123 of 2009, the Board had sent the marksheets of the candidates from Roll No. 1 to 800 on becoming their marksheets available, however, as regards the petitioner, no marks were available in the tabulation register, and as such, the same could not be sent to the concerned College. It is further submitted that the Apex Court in the aforesaid order as contained in Annexure-R/3 observed that from 1988 to 1995-97 depending upon the availability of records the results would be declared by the Board. Considering the submissions of the parties and the show cause, I am not inclined to proceed further. The MJC application accordingly stands disposed of. It goes without saying that if and when the marks of the petitioner are available with the Board, the same would be sent to the concerned College. Manish/- ( Shailesh Kumar Sinha,J.)