Judgment 1. Heard Mr. Nawal Kishore Singh, learned counsel for the petitioners and Mr. Azfar Hasan, learned counsel for the respondents-Patna University. 2. The petitioners pray for issuance of a direction upon the respondents-Patna University to arrange viva-voce test for them in M.A. Sociology Part II Examination 2002. 3. It is submitted by learned counsel for the petitioners that the petitioners had appeared in the written examination of M.A. Sociology Part II from Patna University and for viva-voce test, 8th/9th December, 2003 was the date fixed and on that date they could not appear and when they requested the respondents-University to arrange for viva-voce examination on medical ground, the same has been refused by the respondents-University. Learned counsel for the petitioners tried to impress upon the Court that date of viva-voce test was not notified nor the same was circulated by publishing the same in the newspaper and, therefore, the petitioners could not appear on the date fixed. 4. Mr. Azfar Hasan, learned counsel appearing on behalf of the respondents- University with reference to counter affidavit and supplementary counter affidavits, however, submitted that date fixed for viva- voce test of M.A. Sociology Part II Examination was conspicuously displayed on the notice board and several students, similarly situated to the petitioners, appeared on the date fixed. It is further submitted that father-in-law of petitioner no. 1 had approached the authorities on 8th December, 2003 itself for extension of date for viva-voce test on medical ground of petitioner no. 1 and the authorities advised him to ask him ward to appear in the viva-voce test in Magadh Mahila College and on that date petitioner no. 1 did not appear. It is also submitted by learned counsel for the respondents-University that once viva-voce test is over, there is no provision of holding the same for certain candidates, who failed to appear on the date fixed and in that view of the matter, it would not be appropriate for them to arrange a viva-voce test for the petitioners only. 5. The petitioners, as it appears, have successfully passed written test of Sociology Part II and due to some unavoidable reasons, they could not appear in the viva- voce test on the notified date. 6. 5. The petitioners, as it appears, have successfully passed written test of Sociology Part II and due to some unavoidable reasons, they could not appear in the viva- voce test on the notified date. 6. Without going into the merit of the case as to whether there is any provision for re-fixation of date for viva-voce test, in my opinion the cause of the petitioners should not be allowed to be frustrated. The respondents-University therefore are directed to arrange again viva-voce test for Sociology Part II Paper and to notify a date for all such students, who had not appeared for the viva-voce test on the date fixed. In case the students, who defaulted earlier including the petitioners, turn up for their viva-voce test on the notified date, they will be allowed to appear in the test and thereafter their results shall be published in accordance with law. This exercise however, must be completed by the University for fixing a date for viva-voce test within a period of three weeks from today. The cost, if any incurred by the University, will be borne by the petitioners and other such candidates. However, this order will not be a precedent for future. 7. With the aforesaid directions and observations this application is disposed of. 8. Let a copy of this order be handed over to Mr. Azfar Hasan, learned counsel for the respondents-University.