IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4749 of 2009 SANTOSH KUMAR BHARTI Versus THE V.K.SINGH UNIVERSITY & ORS ----------- 4 27-10-2009 Heard the learned counsel for the petitioner and the State. The petitioner, a student of M.A.( Pol.Sc.) for the Session 2003-05 in S.V.P. College at Bhabhua, claims to have appeared at the final Examination held in 2006 successfully. In controversy are his result because of a dispute as to whether he appeared in the Viva-Voce Examination or not. While the petitioner contends that he did appear and signed the attendance- sheet, the Respondents in their reply to an application under the R.T.I. Act have stated that he never appeared at the Viva-Voce Examination. In between is the endorsement of the Principal of the College on a representation of the petitioner that the petitioner had appeared at the examination. The issue for determination is for appearance in the Viva-Voce as a matter of fact. Learned counsel for the petitioner also sought to raise certain additional issues with regard to irrelevance of whether he passed or failed in the Viva Voce Examination and/or grant of grace marks , if he did not appear in the Viva-voce examination . Whether the petitioner appeared at the Viva-Voce Examination or not is basically a question of fact to be verified from the records and those who held the Viva-Voce Examination. These facts can more appropriately be decided by the Vice -Chancellor by - 2 - taking in evidence also and granting due opportunity to the petitioner and then dispose off the matter by speaking and reasoned order. Needless to add that the Vice-Chancellor shall be required to consider all other claims of the petitioner in accordance with law and the provisions regulating the examination including Viva-Voce before the result can be published. The writ application is disposed of with direction to the Vice-Chancellor to carry out such exercise in accordance with law with due opportunity to the petitioner and pass a speaking / reasoned order within a maximum period of three months from the date of receipt/production of a copy of this order. NKS/- ( Navin Sinha, J)