IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5089 of 2010 1. Birbal Singh S/O Late Tribhuwan Singh R/O Vill.- Thahra (West), P.O.- Makair, Distt.- Saran (Chapra) Versus 1. The Union Of India Through Secretary Ministry Of Human Resources Development Department, Govt. Of India, Shastri Bhavan, New Delhi- 110001 2. The Director Indira Gandhi National Open University, Maidan Garhi, New Delhi 3. The Regional Director, Ignou Biscomaun Bhawan, Gandhi Maidan, Bihar, Patna 4. Programme Incharge Ignou Programme, Study Centre, Women'S Training College, North Gandhi Maidan, P.O.- G.P.O., Patna ----------- 3. 24.06.2011 Heard learned Counsel for the petitioner, the Union of India as also the learned Counsel for the University. The petitioner had taken admission in B. Ed. course conducted by the University in the year 2001. The course was of minimum two years and maximum of four years. The petitioner attended the course when a controversy has arisen with regard to the alleged non completion of the course in one subject i.e. Course Code ES 383 “Shikshan Abhyan” . Nothing much shall turn on the allegations and counter allegations that the petitioner had submitted his assignment work on the same, with the University denying it. The fact of the matter is that all other papers have been cleared by the petitioner. It is the stand of the University that if the petitioner had applied for permission till December 2007 for readmission, he could have been granted the same under the regulations to enable him to complete the singular paper left by transferring the credits for the other papers. The University contends that the petitioner applied in 2008 which necessitates fresh admission, payment of fresh admission fee and appearing in the entrance competitive examination whereafter there shall be a credit transfer for the papers that he has already cleared. Counsel for the petitioner submits that it shall be unfair to subject the petitioner to a competitive examination when he has in fact cleared the other papers putting at peril his entire labour for the other papers when transfer of credit may have no meaning. A grievance is also raised that the petitioner may not be asked to pay full admission fee. In so far as the prayer for waiver from the fresh readmission fee is concerned the Court is not persuaded to give any direction as the petitioner must share part of the blame also for not taking readmission in time. In the peculiar facts of the case where only one paper has been left to be cleared when the University is ready and willing to transfer credit of the earlier papers, if the petitioner pays the full readmission fee, the Court expects that the University shall not be averse to waiver of the requirement for appearing at the fresh competitive examination and shall consider the matter sympathetically if the petitioner so represents. Let the University consider the matter appropriately and pass a final order within a maximum period of six weeks from the date of receipt and/or presentation of an application by the petitioner along with a copy of the present order and deposit of the admission fee. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)