IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7322 of 2008 Ashutosh Kumar, son of Raja Ram Prasad, village Sahanhua Baban Bigha, PS Harnaut, district Nalanda – Petitioner. Vs. 1) The State of Bihar through Secretary cum Commissioner, Health and Medical Education, Bihar, Patna. 2) Addl. Director (Medical Education) cum Examination Controller, Health Services, Bihar, Patna. 3) Principal, A.N.M. Medical College, Gaya – Respondents. 4 28.3.2011 The petitioner is a student of M.B.B.S. course of Magadh Medical College, Gaya. He is a student of session 2003- 04. While the petitioner was a student of 1st year, his mother fell ill and he could not attend the college. Ultimately it transpired that there was an enquiry by the C.B.I. which resulted in lodging of R.C. Case No. 24A/2003. It is apparent from the counter affidavit filed on behalf of the Joint Secretary, Health Department, Bihar Annexure 7 that the petitioner was exonerated and not charge sheeted in the C.B.I. enquiry. The petitioner after recovery of his mother, made a prayer before the University that he may be permitted to resume his classes. The petitioner was not allowed to resume the classes on the ground that there is a C.B.I. enquiry pending against him. Now, that it has come on record that petitioner has not been charge sheeted in the C.B.I. case i.e. R.C. Case No. 24A/2003, I do not think that there is any impediment for the petitioner being permitted to continue his classes subject to an undertaking given by the petitioner that he would abide by the decision in R.C. Case No. 24A/2003. 2 For the aforesaid purpose the petitioner may apply to the Principal Secretary of the Department / Health Commissioner, Bihar, Patna to grant him permission to resume his studies as has been done in the cases of Nand Kishore Kumar, Girija Kishore, Santosh Kumar and Kapildeo Choudhary, vide memo no. 6137, dated 14.9.2004 and 6774, dated 18.9.2009 (Annexures 9 and 10) if the petitioner is found similarly situated. This writ petition is disposed of in the aforesaid terms. haque ( Sheema Ali Khan, J.)