SHISHIR SAURABH Vs. BHUPENDRA NARAYAN MANDAL UNIVERSITY

JUDGEMENT

(1.) IN this writ petition, petitioner has prayed for directing the Respondents to issue his original degree of B.A. (Hons.), who passed the said examination from Y.V.K. Degree College, Birpur, Supaul in Session 1993 -96 as also the Migration Certificate.

(2.) PETITIONER was a student of Y.V.K. Degree College, Birpur (Supau!) in B.A. (Hons.) Course in the Sessions 1993 -96 and for appearing in the examination he got himself registered with B.N. Mandal University bearing Registration No. 60433/94. He appeared in B.A. (Hons.) Part I examination in 1994 and passed the same and subsequently he also appeared after getting Admit Card from the University and passed Part II and Part III examination in 1995 & 1996 respectively and marks sheet for the final year was issued by the University on 5.12.1997. Thereafter, for further prosecution of studies the petitioner required the original degree of Bachelor of Arts (Hons.) and Migration Certificate and for that he filed application alongwith requisite fee before the Examination Controller of the Respondent -University on 6.5.2005, which has not been issued to him, hence, this writ application.

(3.) LEARNED counsel appearing for the petitioner has submitted that when petitioner was allowed to appear in the examination, rightly or wrongly, then the University is duty bound to publish the result and issue the marks sheet and the Respondent -University has no right to play with the career of the petitioner by withholding his final degree. In support of this, learned counsel relied upon the decision of the Apex Court in the case of Amarendr Pratap Singh vs. L.N. Mithila University, reported in 1989PLJR (SC) 18 and Shri Krishnan vs. The Kurukshetra University reported in A.I.R. 1976 Supreme Court 376. He further submitted that this Court in C.W.J.C. No. 7281 of 2001 disposed of on 7.8.2001 (Shamee Kepoor vs. The State of Bihar & 0rs,) and in C.W.J.C. No. 2362 of 2002 disposed of on 19.3.2002 (Anil Kumar vs. State of Bihar & Ors.), and in the case of Bhawanand Jha vs. B.N. MandaJ University & Ors., reported in 2004(1) PLJR 260 considering the decision of the Apex Court in the case of Shri Krishnan vs. Kurukshetra University (supra) directed the Respondent -University to issue degree and migration certificate.