Patna High Court
Sohail MusharrafversusBabasaheb Bhimrao Ambedkar Bihar University
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court directed the Vice‑Chancellor to dispose of the pending representation within four weeks and pass a reasoned order, extending the relief if warranted.
Summary
The petitioner, a B.Sc. Zoology student, filed a writ petition seeking a mandamus directing Babasaheb Bhimrao Ambedkar Bihar University to correct his mark sheet, where the practical marks were recorded as absent despite his appearance. He had earlier sent a representation on 12 March 2025 to the Vice‑Chancellor, which remained pending. The university did not contest the petitioner's request. The court, noting the limited relief sought, ordered the Vice‑Chancellor to dispose of the pending representation within four weeks of receiving the order and to issue a reasoned decision. If the petitioner is found entitled to the relief, the university must extend the corrected marks within an additional four weeks. The writ application was thereby disposed of with these directions.
Issues considered
- Whether the university is obligated to correct the petitioner’s mark sheet and award the practical marks.
- Whether a writ of mandamus is appropriate to compel the university to act on the pending representation.
- Whether the court can direct a specific time‑frame for disposal of the representation.
Subjects
- mandamus
- university marks
- B.Sc. Zoology
- representation
- writ jurisdiction
- higher education
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8107 of 2025
======================================================
Sohail Musharraf Son of Nasim Ansari Resident of Village- Arna, P.O.-
Sobhepur, P.S.- Bheldi, District- Saran.
... ... Petitioner/s
Versus
1. Babasaheb Bhimrao Ambedkar Bihar University Muzaffarpur through its
Registrar.
2. The Vice Chancellor, Babasaheb Bhimrao Ambedkar Bihar University,
Muzaffarpur.
3. The Registrar, Babasaheb Bhimrao Ambedkar Bihar University,
Muzaffarpur.
4. The Examination Controller, Babasaheb Bhimrao Ambedkar Bihar
University, Muzaffarpur.
5. The Principal, S.R.J.S.S.S.S. College, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Adv.
Mr. Rajiv Kumar, Ram, Adv.
For the Respondent/s : Mr.Bindhyachal Rai, Adv.
Mr. Sunil Kumar Karn, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner and learned
counsel appearing for respondent University.
2. With the consent of the parties, the present writ
application is being disposed of at this stage itself.
3. In the present writ application the petitioner has
prayed for the grant of following reliefs:
“I. To issue an appropriate writ in the
nature of MANDAMUS commanding
and directing the respondent
authorities to release the marks of the
B.Sc.(Zoology) Part-I of the petitioner
Patna High Court CWJC No.8107 of 2025(3) dt.02-04-2026
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who appeared in each and every
paper but due to respondents the
marks of the Zoology practical has not
been added rather he has been shown
as absent.
II. To issue a show cause cum
explanation from respondents who are
responsible for mistake committed in
preparation of mark sheet of the
petitioner regarding B.Sc. (Zoology)
Part-I practical.
III. Any other order or Orders.”
4. While advancing argument, learned counsel for the
petitioner submits that for seeking the aforesaid relief the
petitioner has already filed a representation dated 12.03.2025,
which was sent by registered post to the Vice-chancellor of
Babasaheb Bhimrao Ambedkar Bihar University, Muzaffarpur
and the same continues to be pending. He, therefore, submits
that the petitioner would be satisfied if an appropriate direction
could be issued to the Vice-chancellor of the respondent
University to dispose of the pending representation of the
petitioner, within a fixed time frame, after giving an opportunity
of hearing to the petitioner.
5. Learned counsel appearing for respondent
University does not object to the submission made by learned
counsel for the petitioner.
6. Considering the limited nature of prayer being
Patna High Court CWJC No.8107 of 2025(3) dt.02-04-2026
3/3
made by learned counsel for the petitioner, this writ application
is disposed of directing the Vice-chancellor of the respondent
University to dispose of the pending representation of the
petitioner dated 12.03.2025 (Annexure-P/4-A) within four
weeks from the date of receipt/production of a copy of this
order. The final order which shall be passed by the Vice-
chancellor of the respondent University should be a reasoned
and speaking order and in case the petitioner is found entitled to
the relief, which the petitioner is claiming through the
representation, the same should be extended to the petitioner
within further period of four weeks from the date of passing of
the final order by the Vice-chancellor of the respondent
University.
7. With the aforesaid observation and direction the
present writ application stands disposed of. Pending I.As, if any
will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Prakash Narayan
U
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