Full Judgment
V.N. Sinha, J.
1. Heard learned Counsel for the petitioner and the B.R.A. Bihar University Muzaffarpur (hereinafter referred to as the University).
2. Petitioner appeared in the B.A. Part II (Hons) Examination, 2006 (hereinafter referred to as the examination) conducted by the University. After completion of the examination her result was not published; accordingly, she filed representation dated 6-6-2007, contained in Annexure-3 to this application requesting the Vice-Chancellor of the University to. publish her result to the examination. Perusal of the copy of the said representation Annexure-3 indicates that the same was also received in the University on 6-6-2007. When the authorities of the University, for reasons best known to them, did not choose to dispose of the said representation as also to publish her result, petitioner was constrained to file this writ application on 10-8-2007.
3. By filing counter and supplementary counter-affidavit the University authorities have opposed the prayer made in the representation as also in the writ application and have submitted that the petitioner was found using unfair means during the examination as was reported to by the Centre Superintendent on 9-10-2006, Annexure-B series to the supplementary counter-affidavit, on the basis of which First Information Report was lodged on 17-6-2007 for the offences under Sections 419, 467, 468, 471 and 120B of the Indian Penal Code against the petitioner and others as contained in Annexure-2 and taking into account the report of the Centre Superintendent dated 9-10-2006, Annexure-B series and the allegation set out in the First Information Report, the Examination Board under its resolution dated 4-4-2007 not only expelled the petitioner from the said examination but also debarred her from appearing in subsequent three examinations and information to that effect was furnished by the University to the Principal of the College under instructions bearing No. 8784 dated 6-7-2007 Annexure-B series and in the light of the resolution of the Examination Board dated 4-4-2007 the result of the petitioner cannot be published.
4. Counsel for the petitioner has questioned the resolution of the Examination Board dated 4-4-2007 as also communication thereof to the Principal of the College under letter dated 6-7-2007, Annexure-B series as violative of the principles of natural justice as according to the learned Counsel neither before lodging of the First Information Report nor earlier to the passing of the resolution dated 4-4-2007 petitioner was ever heard as also was allowed to appear in all the papers of the examination. In the circumstances, there is no earthly reason on the basis of which her result should not be published.
Learned Counsel for the University has not been able to reply the submission raised in regard to violation of the principles of Natural Justice as also the fact that she was allowed to appear in all the papers. From the counter-affidavit and supplementary counter-affidavit it does not appear that the Examination Board or the Centre Superintendent or the officer who heard the petitioner as also never restrained her from appearing in paper during the examination. Action taken to withhold the result of the B.A. Part-II (Hons) Examination, 2006 of the petitioner as also to expel her from appearing in subsequent three examination is without hearing her and is non est in the eye of law.
In the circumstances, at this distance of time, I am not inclined to remit the matter for further inquiry and this writ application is accordingly disposed of directing the University to declare the result of the petitioner within four weeks from today.