IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1153 of 2010 1. AMEET KUMAR S/O SRI DOWARIKA PRASAD R/O VILL.- GAJASARAI, P.S. ISLAMPUR, DISTT.- NALANDA, AT PRESENT RESIDING IN DHANWANTARY, CHHATRAWAS ROOM NO. 13, P.M.C.H. (PATNA), P.S. PIRBAHORE, DISTT.- PATNA 2. VINEET KUMAR RANJAN S/O SHRI LAL BAHADUR PRASAD R/O VILL.- JEENA TOLA DHUSH, P.S.- NASRIGANJ, DISTT.- ROHTAS, AT PRESENT RESIDING ROOM NO. 09, DHANWANTARY CHHATRAWAS P.S. PIRBAHORE, DISTT.- PATNA 3. SUJEET KUMAR S/O SRI BASUDEO MANDAL R/O VILL.- NIRMALI, P.S.- PIPRA, DISTT.- SUPAUL, AT PRESENT RESIDING IN ROOM NO. 26, DHANWANTARY CHHATRAWAS (P.M.C.H.), P.S.- PIRBAHORE, DISTT.- PATNA Versus 1. PATNA UNIVERSITY, THROUGH THE REGISTRAR, PATNA UNIVERSITY, PATNA 2. THE VICE-CHANCELLOR, PATNA UNIVERSITY, PATNA 3. THE EXAMINATION BOARD, PATNA UNIVERSITY, PATNA 4. THE CONTROLLER OF EXAMINATION, PATNA UNIVERSITY, PATNA 5. THE PRINCIPAL, PATNA MEDICAL COLLEGE AND HOSPITAL, ASHOK RAJPATH, PATNA ----------- For the Petitioners : Mr. Ahsanuddin Amanullah, Adv. Mr. M.K. Pathak, Adv. Mr. Jawed Zaffar Khan, Adv. Mr. Arun Kr. Pd., Adv. For the University : Mr. Ajay Kumar Sinha, Adv. 4/ 17/03/2010 Heard learned counsel for the petitioners and learned counsel for the Patna University. The petitioners are stated to be the students of M.B.B.S. Phase-II (1st), 2010 examination of the Patna Medical College and Hospital under Patna University. On 15.1.2010 they were allegedly found using unfair means in the Pharmacology paper, when their answer sheets were taken away and they were asked to leave the examination hall. Under an interim order dated 22.1.2010 they were permitted to appear in the other papers. The publication of their results was, however, directed to be subject to the 2 result of the case. Counter affidavit has been filed on behalf of the respondent University. The factual position that now emerges is that a show cause notice has been directed to be issued to the petitioners on 18.2.2010. They are stated to have replied to the same also on 25.2.2010. If there are individual allegations of alleged use of unfair means, against otherwise as distinct from large scale illegality in the examinations, they are required to be show- caused, their explanation considered, only thereafter a finding of alleged use of unfair means can be arrived at with its consequences. Now that the petitioners have shown cause, the Vice Chancellor of the University shall proceed to constitute a committee to decide the allegations against the petitioners. The committee is expected to act fairly and reasonable by disclosing all materials and evidence on which it proposes to rely with opportunity to meet the same. Since issues of academics and career are involved, if the petitioners request for production of evidence, oral or documentary, and wish to cross examine them, the University shall be obliged to give them that opportunity. If the petitioners so request, they shall be granted personal hearing. 3 In this manner, after the enquiry is held, let a reasoned and speaking order dealing with the allegations, the defence and the conclusions, be passed within a maximum period of one month from the date of receipt/production of a copy of this order. Needless to state that the publication of their results of the M.B.B.S. Phase-II (1st), Examination, 2010 shall depend on the finding that may be arrived at by the committee and upon which the final decision is to be taken by the appropriate authority within the same period in accordance with law. In the nature of the present order, this Court has not considered it necessary to examine issues under the Bihar Conduct of Examination Act, 1981 which may fall for consideration if the occasion arises at an appropriate proceeding. It is expected that if the cause shown by the petitioners is accepted, all consequential remedial actions shall be taken by the University, whether by way of a separate examination in the individual Pharmacology paper, issues of attendance in the subsequent session etc. so that the petitioners are not prejudiced in any manner in pursuing their course further. The writ application stands disposed. KC/ ( Navin Sinha, J.)