IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4321 of 2008 ARUN KUMAR & ANR Versus THE PATNA UNIVERSITY & ORS ----------- 02/ 31.07.2008 Heard counsel for the parties. Learned counsel for the petitioners has drawn the attention of the Court to Annexure-5, a communication of the Principal of Patna Training College, Patna dated 18.8.2006 addressed to the Examination Controller, Patna University, wherein he has certified that both the petitioners have appeared in English, Economics and Civics papers of B.Ed. Examination, 1994 (Practical). The Principal has requested the Examination Controller to make proper enquiry and issue mark sheets. It is not on record as to whether the Examination Controller has considered the same and passed orders in respect of those petitioners. In that view of the matter, instead of keeping the matter pending for filing counter affidavit by the learned counsel for the respondents, which may delay the matter indefinitely, this application is - 2 - disposed of with liberty to the petitioners to appear before the Examination Controller along with a Photostat copy of the communication of the Principal and Photostat copy of the supporting documents for necessary enquiry by the Examination Controller in the matter. If on enquiry the Examination Controller finds that the petitioners had appeared in the examination, in which they were required to appear, and due to no fault of the petitioners their mark sheets were not issue to them earlier, he will pass appropriate orders for issue of mark sheets. Upon enquiry after hearing the petitioners and after giving them opportunity to produce the supporting documents, if he is not satisfied with the claim of the petitioners, he shall communicate the reasons thereof to the petitioners. Even if the matter may have been decided earlier, since the petitioners are being given an opportunity to appear before him and produce the materials in support of the same, the Examination Controller shall take up and complete the - 3 - exercise afresh and pass appropriate orders within two months thereafter. With the above observations and directions this writ application is disposed of. ( J. N. Singh, J. ) A.H.