IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5272 of 2009 NIRAJ KUMAR MISHRA, SON OF SRI NAVAL KISHORE, RESIDENT OF VILLAGE MOW BAZAR, P.S. VIDYAPATI NAGAR, DISTRICT SAMASTIPUR, AT PRESENT RESIDENT OF SINGH BHAWAN NEAR OPP. T.M. BHAGALPUR UNIVERSITY, P.S. BHAGALPUR, DISTRICT BHAGALPUR----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, BIHAR, PATNA. 2. THE VICE CHANCELLOR, T.M.BHAGALPUR UNIVERSITY, BHAGALPUR. 3. THE CONTROLLER OF EXAMINATION, T.M.BHAGALPUR UNIVERSITY, BHAGALPUR. 4. THE PRINCIPAL, MARWARI COLLEGE, BHAGALPUR. ----------- 03. 05.08.2009. Heard learned counsel for the petitioner and the counsel for the T.M. Bhagalpur University, Bhagalpur (hereinafter referred to as ”the University”) as also perused the counter affidavit filed on behalf of the University. 2. Petitioner was admitted in B.B.A.(Hons.) course for the Session 2003-06. He has filed this writ application for a direction to the University and the Marwari College, Bhagalpur to permit him to fill up the form to appear in the B.B.A.(Hons.) Part-II examination in the light of the direction of the Examination Controller, Respondent No.3 dated 1.4.2009 passed on his representation dated 1.3.2009, Annexure-4. 3. Counsel for the University, however, submitted that as the petitioner failed to complete the said course before the change of syllabus, which has since been changed, he cannot be allowed to appear in Part-II examination of the earlier course. It appears the result of the petitioner was held up by the University, as is evident from the minutes of the Controller of the Examination dated 1.4.2009 which was cleared on 28.3.2009. Petitioner cannot be held to be responsible - 2 - for withholding his result until 28.3.2009. 4. Accordingly, I direct the University and the College to permit the petitioner to appear in BBA Part-II examination in the light of the direction of the Controller of the Examination dated 1.4.2009 recorded on the representation of the petitioner dated 1.3.2009, Annexure-4. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)