Naushi Tabassum v. Vice Chancellor, Magadh University, Bodh Gaya
2007-07-10
NAVANITI PRASAD SINGH
body2007
DigiLaw.ai
Judgment 1. Heard. 2. The present writ application has been filed by the petitioner for a direction to the respondent-Magadh University to issue final original certificate of graduation. The petitioners case is that she was a student of an affiliated college of the Magadh University and she passed her B.Sc. Part-Ill examination in 2003. Her result was declared showing her passed in second class. The University issued provisional certificate as well. The original certificate not being issued the present writ application was filed. 3. On behalf of the University a counter affidavit has been filed, inter alia, stating that though she had passed the examination of Part i, Part II and Part III she had appeared in some of them without clearing the earlier part. As per examination regulation she could not have been so permitted. Apart from this there is no denial of the fact that the petitioner was permitted to appear in the examination of Part I, Part II and Part III respectively by the University. She appeared in those parts at different times and ultimately she passed all the three parts. These later facts are not denied nor in dispute. 4. On basis of the aforesaid on behalf of the University it is submitted that as she had been wrongly permitted to take examination of different parts at different times her results cannot be declared. 5. Having perused the counter affidavit and heard the counsel for the University and counsel for the petitioner and with their consents this writ petition is being disposed of at the stage of admission itself. 6. From the facts stated above it is not in dispute that the University permitted the petitioner to take examination in different parts at different times. It is not the case of the University that the petitioner at any point of time made any misrepresentation to the University, for, the records were always with the University of her past performance, that being so once a student has passed all the parts and was also granted provisional certificate, in my view, it does not lie in the mouth of University to deny the student being final original certificate of passing her B.Sc. examination. The University would be estopped from contending otherwise. 7. Accordingly, this application is allowed and University is granted four weeks time to issue original final certificate in this regard. 8.
examination. The University would be estopped from contending otherwise. 7. Accordingly, this application is allowed and University is granted four weeks time to issue original final certificate in this regard. 8. Let a copy of this order be given to the learned counsel for the Magadh University for early compliance.