IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2637 of 2008 PANKAJ KUMAR Versus THE PATNA UNIVERSITY & ORS ----------- 4. 11/08/2008 Heard learned counsel for the petitioner, learned counsel for the N.I.T. and learned counsel for Patna University. This writ application was filed for quashing of the decision of the Examination Board dated 14.12.2007, as contained in Annexure-8, by which the Board resolved not to publish the result of the petitioner as the counter-foil of the marks sent by the examiners of the N.I.T. to the Patna University before publication of result showed that no marks had been obtained by the petitioner in the internal examination of Class Test-I, Class Test-II and Tutorial and in the tabulation chart petitioner was shown absent in the aforesaid Tests. It appears that when the petitioner came to know about the same, he approached the N.I.T. authorities requesting them to verify the records and forward the marks obtained by him in Class Test-I, Class Test-II and Tutorial to the University for publication of his result. On the representation of the petitioner, N.I.T. - 2 - officials verified from the records of the Institution and found that the petitioner had indeed appeared in the Class Test-I, Class Test- II as well as Tutorial and marks were allotted to him and accordingly his marks were sent to the University. The Examination board of the University did not accept the same as it was sent separately by the examiners after publication of the results. This Court, by order dated 28.7.2008, had directed the Dean Faculty of Mechanical Engineering of the Institution to personally verify the records of the Institution with regard to the marks obtained by the petitioner in the aforesaid Tests. Pursuant to the said order, the Dean Faculty of Mechanical Engineering of the Institution has filed an affidavit today personally sworn by him in which he has categorically stated that the petitioner had indeed appeared in those Class Tests and Tutorial and had obtained the marks. In that view of the matter, it is apparent that due to some mistake on the part of the Institution, marks obtained by the petitioner in those Tests could not be mentioned - 3 - in the marks foil and therefore, he was shown absent in the tabulation register. Apparently, there was no fault, fraud or misrepresentation on the part of the petitioner. In the circumstances, equity demands that the statement made by the Dean Faculty of the Mechanical Engineering of the Institution on affidavit filed today should be accepted by the Patna University and the result of the petitioner should be modified by including those marks and they should be directed to publish the result of the petitioner. In the result, the decision taken by the Examination Board on 14.12.2007, as contained in Annexure-8, in respect of the petitioner is quashed and the Patna University is directed to publish the result of the petitioner by including those marks obtained by him in Class Test-I, Class Test-II and Tutorial as the same have been validly obtained by the petitioner. Patna University is directed to complete the exercise and publish the result of the petitioner within two weeks from today. It goes without saying that if after publication of the result, petitioner applies - 4 - for admission in third semester of M.Sc. Engineering (Mechanical), his application shall be considered in accordance with law and the delay in publication of result shall not be made a ground for rejection of the same. With the aforesaid observations and directions, this writ application stands disposed of. Pradeep/ (J. N. Singh, J.)