IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18386 of 2009 1. SUSHMA KUMARI W/O ASHOK KUMAR R/O VILL.- CHHOTI TENGRAILA, P.S.- NAUBATPUR, DISTT.- PATNA Versus 1. INDIRA GANDHI NATIONAL OPEN UNIVERSITY THROUGH ITS REGIONAL DIRECTOR REGIONAL CENTRE, PATNA 2. THE REGIONAL DIRECTOR INDIRA GANDHI NATIONAL OPEN UNIVERSITY, REGIONAL CENTRE, PATNA 3. THE DEPUTY REGISTRAR (EXAM-III) INDIRA GANDHI NATIONAL OPEN UNIVERSITY, MAIDAN GARHI, NEW DELHI ----------- 6/ 07/04/2010 Heard learned counsel for the petitioner and learned counsel for the Indira Gandhi National Open University. Counter affidavit has been filed on behalf of the respondents. On perusal of the same this Court is not satisfied that the respondents have acted in a manner in accordance with law while passing the impugned order dated 3.12.2009 debarring the petitioner from appearing at any university examination till December, 2011 allegedly on the ground of any misdemeanours committed by her in the December, 2008, second semester examination of the paper- ES-212. Be that as it may, the counter affidavit does not deny that subsequently in Session-2009 the petitioner has been permitted to appear in the ES-212 paper and has cleared the same with C-Grade. What may or may not have happened in the 2 earlier examination in December, 2008 is hardly of any relevance now when the respondents have themselves permitted the petitioner to appear in that very paper in the June, 2009 examination. Once the respondents have permitted the petitioner to appear and she has cleared the examination subsequently, this Court shall not allow the respondents to take such action which was required to be taken by them before they permitted the petitioner to appear in June, 2009 examination. The petitioner cannot be permitted to suffer for what was the lapses of the university. The order dated 3.12.2009 is accordingly set aside. The application stands allowed. KC/ ( Navin Sinha, J.)