IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12875 of 2007 SANTOSH KUMAR SINGH Versus BHUPENDRA NR.MANDAL UNIVERSITY & ORS. With CWJC No.2856 of 2008 PRAHLAD KUMAR SINGH Versus THE BHUPENDRA NARAYAN MANDAL UNIVERSITY & ORS. With CWJC No.2867 of 2008 ANJANI KUMAR @ ANJANEE KUMAR Versus THE BHUPENDRA NARAYAN MANDAL UNIVERSITY & ORS. ----------- 3. 22.1.2009 In all these three writ applications, the petitioners seek mandamus to the B.N. Mandal University for issuance of their marksheets of L.L.B. Part III examinations which examination they took as regular students from the J.N. Law College, Saharsa within the Session 1992- 1995. The petitioners state that they took admission as regular student to the said college and pursued their regular studies. University held L.L.B. Part I and Part II examinations. Petitioners were permitted to appear in those examinations. They passed. Their marksheets were issued by the University. Similarly, they were permitted to appear in the examination for L.L.B. Part III. They appeared and were declared passed. In support thereof, they have annexed the cross list of marks as sent by the University to the college. They accordingly submit that University cannot now refuse to issue them L.L.B. Part III marksheets. An examination conducted by the University in which petitioners were allowed to sit, petitioners passed. All three are students of the same college of the same batch for the same course. - 2 - A counter affidavit has been filed in C.W.J.C. No. 2856 of 2008 on behalf of the University. In the counter affidavit, it is now the stand of the University that the college was unaffiliated. As to how if the college was unaffiliated, students were permitted to take the examination, it is not stated. It is not disputed that it was not under any error of record that the University was forced to take the examination of the students. It was undoubtedly a conscious decision of the University to permit the students of the college to appear for the University exam. It is also not in dispute that till date that is even after more than 10 years, the University has not declared the results to be bad or cancelled the results treating the college to be unaffiliated. Thus, actions or lapses on part of the University would clearly protect the students. Students cannot be blamed under such circumstances and cannot be made to suffer. Once it is admitted or not disputed that the University permitted the students to take the examination, the students took the examination and passed the University examination without any reservations then it cannot lay in the mouth of the University to deny the students their legitimate results. In view of the aforesaid facts it is too late in the day of the University to contend otherwise and I have no option left but to direct the University to declare the results and issue necessary certificates to the petitioners within one month in respect of their L.L.B. Part III examinations. The writ applications are, accordingly, allowed. P. Kumar (Navaniti Prasad Singh, J.)