IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16385 of 2008 TUSHAR KANT . Versus THE T.M.BHAGALPUR UNIVERSITY & . ---------- 2. 17.12.2009 Heard learned counsel for the petitioner and the State. The petitioner contends that he was a student of B.Sc. Physic Honours course in the T.M.B. College, Bhagalpur under the respondent T.M. Bhagalpur University. He passed the course in first division. His result was published and mark sheet given in 2002 and a computerized mark sheet also issued in the year 2006. He then took admission in the Post Graduate Department of A.I.H. Culture & Archaeology in the same University and passed the Masters course in 2007 in first division. He applied for Provisional Certificate of the B.Sc. course in July, 2006 after depositing all necessary fee. Aggrieved by not being supplied the same, he came to this Court. I.A. No. 1837 of 2009 has been filed making certain allegations against certain staff of the University alleging manipulation in his B.Sc. Honours examination results for the 6th paper in Part-III examination. Learned counsel for the petitioner submits that once the petitioner was granted admission in the M.A. course in the same University on basis of the B.Sc. marks given by the same University, there is no justification for the 2 respondents to now raise frivolous issues belatedly and to deny him the original certificate. Learned senior counsel appearing on behalf of the respondent University regrets the first affidavit filed by the Registrar of the University stating that the degree was ready and the petitioner could collect it. He relies upon a second counter affidavit filed by the Finance Officer of the University. This Court considers it necessary to take notice of the averments therein only for the purpose of the conclusion to be arrived and the nature of the order required to be passed. The counter affidavit alleges that the tabulation register for the B.Sc. course shows that the petitioner has failed in the 6th paper in Part-III. The mark sheet was issued incorrectly contrary to the tabulation register allegedly in connivance with officials of the University. That the T.N.B. College was, accordingly, informed in the year, 2002 itself. This Court refrains from making any comments or observations on the stand in the counter affidavit. Suffice it to say that the second show cause is raising questions of facts which may or may not be correct. The fact remains that the petitioner was issued a mark sheet by the University declaring him as having passed the B.Sc. Honours course. The very same University which has cancelled the results issued by it to the petitioner in the B.Sc. Honours course granted him admission in the Masters 3 course on basis of the same result. To that extent issues bind the University. To renegade fraud may be a valid justification but only if established in law. This Court is satisfied that if the petitioner is to be visited with such adverse consequence, he is required to be noticed with an opportunity to meet the allegations against him. This writ application is disposed with the direction that the petitioner shall appear along with a copy of the present order before the Vice Chancellor of the University. On the date that he appears, the Vice Chancellor shall himself fix a date in the matter and on which date the original marks concerning the petitioner and his B.Sc. Honours examination shall be kept available with the Vice Chancellor who shall permit the petitioner to examine the same in his presence and grant personal hearing to the petitioner. The Vice Chancellor shall be obliged to consider all primary materials/evidence with regard to the marks given to the petitioner in the 6th paper of the Part-III examination and not go simply by the tabulation register. If he is satisfied that the petitioner is not entitled to his mark sheet, he shall be obliged to pass a reasoned and speaking order based on materials already disclosed to the petitioner during the hearing after consideration of the reply of the petitioner. If the Vice Chancellor arrived at his satisfaction in the manner in accordance with law, that there has been an interpolation in the University records and declines relief to the 4 petitioner on that basis, this Court directs the Vice Chancellor to forthwith and simultaneously with the order that he may pass to invoke the provisions of the penal laws by institution of an appropriate Police report against all concerned in the University who dealt with the matter of the examination result at any stage in any manner and through whose hands and through whose signature the papers may have passed whether it be a senior functionary of the University or it be a junior functionary of the University. Naturally, the claim of the petitioner to the original B.Sc. certificate shall be dependent of the outcome of such decision to be taken preferably within a maximum period of one month from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)