IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15541 of 2008 2 7.11.2008 Vinod Kumar S/o Ganga Prasad Yadav, vill- Chak Dumaria, P.O. Karanpur, PS Supaul, District Supaul Versus 1.State of Bihar through HRD Secretary, Bihar 2.The Vice Chancellor, Bhupendra Narain Mandal University, Lalu Nagar, Madhepura 3.Examination Controller, Bhupendra Narain Mandal University, Lalu Nagar, Madhepura. 4. Registrar, BNMU, LN, Madhepura. ----- For the Petitioner : Mr Neeraj Singh, Advocate For the University : Mr H.P.Singh, Advocate ----- Heard learned counsel for the petitioner and learned counsel for the BN Mandal University. Since there is no malafide alleged against the Vice Chancellor, the Controller of Examination and the Registrar of the University hence their impleadment by name should be corrected by deleting their names. Petitioner claims to have appeared in the BA examination held in the month of April 1993 as a registered candidate of University bearing registration no.9058 of the year 1989. His result for the final BA (Honours) Examination of the year 1992 but held in April 1993 was published and he was shown to have been passed in second class. The marks-sheet issued by the University on 22.12.1994 has been annexed as Annexure-2. The grievance of the petitioner is that the 2 respondent University is not issuing the original certificate/ degree to the petitioner in spite of request and applications filed for the purpose. On behalf of the petitioner it has been submitted that petitioner was a student of a college which received affiliation for a later session whereas petitioner was a student of the year 1989 and at the relevant time the college did not have affiliation for BA (Honours) of that session. On behalf of the petitioner it has been submitted that as a student petitioner was not aware regarding the date and nature of affiliation of the college in question but he filled up his forms and as a registered student of the University his forms and fees were accepted and he was allowed to take the examination in which he was declared to have passed. Since 1993 petitioner has pursued his life and career on the basis of his being declared Honours graduate by the concerned University for which he was already issued marks-sheet. It has been submitted that in absence of any allegation of fraud or misstatement on the part of the petitioner, a student of the University, he cannot be deprived of the original certificate for any fault committed by the University or its employees. Learned counsel for the petitioner has also placed reliance upon a judgment and order dated 28.11.2007 passed in CWJC 3 No.12250 of 2007 annexed as Annexure-6, to submit that in similar circumstances this Court has granted relief to similarly situated student of the University. In the facts of the case, this Court finds that University is legally stopped from denying the original certificate to the petitioner on the grounds noticed above. The University cannot deprive the petitioner when he is not at fault and the mistake, if any, was on the part of the University. In the result, the writ petition is allowed. The University authorities are directed to issue certificate/ degree to the petitioner to show that he passed the BA (Honours) final Examination of the year 1992 held in the month of April 1993, forthwith and in any case within a period of one month from the date of production/ communication of a copy of this order. (Shiva Kirti Singh, J.) sk