IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6116 of 2009 AJAY KUMAR SON OF SRI SUDHIR RAM, RESIDENT OF VILLAGE- DEOKALI, P.O. MOHANIYA, P.S.- AKORHI, VIA MOHNIYA, DISTRICT- KAIMUR (BIHAR). . . . . . PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, BIHAR, PATNA. 2. THE VICE CHANCELLOR, VEER KUNWAR SINGH UNIVERSITY ARA (BHOJPUR). 3. THE CONTROLLER OF EXAMINATION, VEER KUNWAR SINGH UNIVERSITY, ARA (BHOJPUR). 4. THE REGISTRAR, VEER KUNWAR SINGH UNIVERSITY, ARA (BHOJPUR). . . . . . RESPONDENTS. ----------- 3/ 07.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner has filed this writ application to direct the controller of Examination, Veer Kunwar Singh University (hereinafter referred to University), respondent no.3, to publish his result of B.A. Honours Examination as also to grant him the degree / certificate in the light of his result so published. Petitioner was admitted in B.A. Honours (Geography course) in M.P. College, Mohania Kaimur for the Session 2002-2005. The college is an affiliated unit of the University. Petitioner was also registered with the University, his registration no. being 8530/02. 3. Having prosecuted his studies, petitioner appeared in the B.A. Honours Geography Part I examination, 2003 held in the month of September, 2003 and having cleared the papers / subjects, he was promoted to Part II. Petitioner appeared in the B.A. Part II Honours examination, 2004 held in the month of June, 2004 but failed in the Honours paper / subject as would appear from the mark-sheet dated - 2 - 30th September, 2004 as contained in Annexure-2. From Annexure-2 itself, it will further appear that petitioner was promoted to 3rd year of the course. Having prosecuted his studies in the 3rd year, he appeared in B.A. Honours 3rd year examination, 2005 as would appear from his admit card dated 03.01.2005 (Annexure-3). 4. It is submitted on behalf of the petitioner that his result of the 3rd year of B.A. Honours Part III examination, 2005 was not declared along with the other examinees, as the date on which the result of the 3rd year, 2005 was declared, petitioner had not cleared the 2nd year examination. Later, in order to pass B.A. Part II Honours examination, he appeared in the examination of Part II held in the month of May, 2005 but failed, as would appear from the mark-sheet dated 20th October, 2005 (Annexure-4). Having failed in B.A. Part II examination in the year, 2004 and 2005, petitioner did not appear in the B.A. Part II examination, 2006 and 2007 but appeared in the said examination of 2008 held in April, 2008 and cleared the Honours subject as is evident from the mark-sheet dated 30.06.2008 (Annexure-5). 5. In the back grounds of the aforesaid facts it is further submitted that even after petitioner has passed the Part II examination may be in 2008 after failing to appear in 2006, 2007 examination of Part II his result of B.A. Part III, 2005 be published and he has filed this writ application praying inter alia to direct the authorities to publish his B.A. Part III, 2005 result. 6. Learned counsel for the University with reference to the - 3 - averments made in paragraph 8 of the counter affidavit has submitted that in view of the proviso appended with Regulation no. 7(i) of the examination Regulations, a student of B.A. Honours is required to clear the carry over subjects / papers within three consecutive examination and in the light of the said proviso petitioner should have passed B.A. Honours Part II examination by, 2006 but as the petitioner has passed the B.A. Part II examination in 2008, the same cannot be taken into account for declaring his B.A. Part III examination, 2005 result. 7. Having heard counsel for the petitioner and the University, I am of the view that the University having allowed the petitioner to appear in B.A. Honours Part II examination, 2008 i.e. beyond the three consecutive examinations and petitioner having appeared and cleared the said examination, cannot be deprived the benefit of the said result, so as to withhold his B.A. Part III examination, 2005 result. In terms of the examination Regulations if the petitioner was not eligible to appear in the B.A. Part II examination, 2008 then the authorities of the University ought to have restrained him for appearing in the said examination. Now he having become successful in the said examination, in my opinion, the result of the said examination has to be taken into account for publishing his B.A. Part III Honours, 2005 examination result. 8. Accordingly, I direct the University to publish the result of the petitioner of B.A. Honours Part III, 2005 examination, as early as possible, in any case within one month from the date of receipt / - 4 - production of a copy of this order. 9. This writ application is, accordingly, allowed. A.F.R. Uday/ (V. N. Sinha, J.)