Mozibullah Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4273 of 2019 ====================================================== Mozibullah Ansari Son of Late Ainul Haque, Resident of Village Mastichak, P.S. Dariyapur, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resource Department, Government of Bihar, Patna.

2.

The Jai Prakash University, through its Vice Chancellor, Chapra, Bihar. 3.

The Registrar, Jai Prakash University, Chapra, Bihar. 4.

The Examination Controller, Jai Prakash University, Chapra, Bihar. 5.

The Principal, D.B.S.D.D. College, Rampur (Kadna) Garkha, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Respondent/s :

Mr.Madanjeet Kumar (GP-20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2019 The present writ petition has been filed for directing the respondent University to issue the original certificate of Bachelor of Science (Zoology Honours) to the petitioner in pursuance to the Part-III Examination held in the year 2011. The learned counsel for the petitioner has relied upon a judgment of this Court dated 21.06.2018 passed by the learned Division Bench in L.P.A. Nos. 1402 of 2017 (Rajeev Ranjan vs. Jai Prakash University & ors.), 1403 of 2017 and 1404 of 2017, wherein the learned Division Bench while disposing off the appeals and considering extraordinary circumstances has issued the following directions to release the results of the said

Patna High Court CWJC No.4273 of 2019(2) dt.06-03-2019 2/3 appellants.

"Since the University authorities have allowed these appellants to pursue their studies whatever has been its worth and have held their examination and they have been promoted from one year to the next and have also finally taken the examination for the final year, no purpose would be served by allowing the University to hold back the results or issuance of marks-sheet of these students for the final year of their studies.

The Court, therefore, under the extraordinary circumstances and keeping in mind the future of the students who may also be a victim rather than the conspirator to the whole thing are given the benefit of doubt. The University authorities are directed to release the result and issue the marks-sheet in favour of these appellants within a period of four week from the date of production of a copy of this order."

Per contra, the learned counsel for the University admits that the case of the petitioner is identical to that of the appellants of the aforesaid L.P.A. No. 1402 of 2017 and other analogous cases.

Having regard to the facts and circumstances of the case, the present writ petition is disposed off with similar

Patna High Court CWJC No.4273 of 2019(2) dt.06-03-2019 3/3 directions as given by the Division Bench in the case of Rajeev Ranjan (supra) as reproduced in the preceding paragraphs. (Mohit Kumar Shah, J) S.Sb/- U