IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3523 of 2007
Alpana Mandal, DAUGHTER OF LATE ABHAY MANDAL,
RESIDENT OF KESHABPUR JAMALPUR, P.O. AND P.S.-
JAMALPUR, DISTRICT- MUNGER :---PETITIONER.
Versus
1. The State Of Bihar
2. SECRETARY, HUMAN RESOURCE DEVELOPMENT
DEPARTMENT, GOVT. OF BIHAR, PATNA.
3. MAGADH UNIVERSITY, BODH GAYA, THROUGH ITS
REGISTRAR.
4. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH
GAYA.
5. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA.
6. CONTROLLER OF EXAMINATION, MAGADH UNIVERSITY,
BODH GAYA.
7. RAM MOHAN ROY COLLEGE OF EDUCATION, KHAZANCHI
ROAD, PATNA-4, THROUGH ITS PRINCIPAL.
8. THE PRINCIPAL, RAM MOHAN ROY COLLEGE OF
EDUCATION, KHAZANCHI ROAD, PATNA-4
9. THE SECRETARY, RAM MOHAN ROY COLLEGE OF
EDUCATION, KHAZANCHI ROAD, PATNA-4 :----
RESPONDENTS.
----------------------------------
For the petitioner :- Mr. Shyama Prasad Mukherjee, Senior Advocate.
Mr. Arvind Kumar Verma, Advocate.
For the University:- Mr. Anil Kumar Sinha, Advocate.
For the State :- Mr. Kundan Kumar, A.C. to S.C.-I.
========
4. 22.09.2011. Counsel for the Magadh University has filed
counter affidavit, which is taken on record.
2. Heard learned counsel for the petitioner,
State and the Magadh University.
3. This writ petition has been filed for a
direction to the authorities of the Magadh University
to grant the petitioner B.Ed. degree pursuant to the
mark-sheet dated 17th June, 1995 issued to the
petitioner after she became successful in the 1987
Annual B.Ed. Examination, held in the month of
September, 1994. Prior to the appearance of the
2
petitioner in the said examination, petitioner was
admitted in the Rammohun Roy College of Education,
Khazanchi Road, Patna after verification of her B.A.
mark-sheet, College Leaving Certificate and other
certificates pursuant to notice dated 03.09.1987,
Annexure-2/1. After the admission of the petitioner
in the College, she was registered with Magadh
University, Bodh Gaya to pursue B.Ed. Course 1987-
88 Session in Rammohan Roy College of Education.
The registration-receipt even indicates her Roll No. in
the College. From the said receipt it also appears that
her Registration Number is 65415 of the year 1987.
In the light of her admission for pursuing B.Ed.
course in the Rammohun Roy College of Education
and her registration with the Magadh University she
pursued her B.Ed. studies in the session 1987-88.
Having completed the course she was allowed
Admission Card indicating the registration number,
Annexure-4 on the basis of which she appeared in
the 1987 B.Ed. examination conducted by the
Magadh University in September, 1994. After she
became successful in the said examination, mark-
sheet dated 17th June, 1995, Annexure-5 was also
issued to the petitioner indicating her registration
number of the University. In the light of the aforesaid
3
documents when the request of the petitioner to
provide her with the B.Ed. degree was not considered
and granted by the authorities of the University, she
filed the present writ petition.
4. By filing counter affidavit the authorities
of the University have opposed the prayer made in
the writ petition on the ground that the College
Admission Register of Rammohun Roy College of
Education was called and from the Admission
Register it did not appear that petitioner was ever
admitted in the College to pursue B.Ed Course in
1987-88 Session.
5. While filing the aforesaid counter affidavit
the authorities of the University have not whispered
even a word about the genuineness of the Post Card,
Annexure-2/1 asking the petitioner to appear for
verification of College Leaving Certificate, B.A. mark-
sheet etc. for admission into B.Ed. Course, Session
1987-88, Registration Receipt, Admission Card and
the mark-sheet dated 17th June, 1995, Annexures-
2/1, 3,4,5. They have also not disputed the
genuineness of the College Leaving Certificate dated
30.6.1995, Annexure-6 issued by the authorities of
the Rammohun Roy College of Education to the
petitioner.
4
6. There being no dispute about the
admission of the petitioner in the Rammohun Roy
College of Education in the B.Ed. Course Session
1987-88 and that she was registered for the said
course with the Magadh University and that she
appeared in the examination pursuant to Admission
Card, Annexure-4 and mark-sheet was given to her
dated 17th June, 1995, Annexure-5 and the College
Leaving Certificate dated 30.6.1995, Annexure-6, I
have no option but to direct the University
authorities to issue B.Ed. degree to the petitioner in
the light of her mark-sheet dated 17th June, 1995,
Annexure-5, as early as possible, in any case within a
period of two months from the date of
receipt/production of a copy of this order before the
Registrar of the University.
7. The writ petition is, accordingly, allowed.
P.K.P. (V.N.Sinha,J.)