G. C. Bharuka, J.

1. The present writ application has been filed by the petitioner for issuance of a writ of mandamus commanding upon the respondents to declare the result of the petitioner of B. Sc. (Botany Honours)1989 as also to direct the Respondent No.3, the Principal, G. D. College begusarai to take her admission in M. Sc. for the sessions 1989-91 and accept the fees and forms for the M. Sc. examination of 1991.

2. The foundational facts, as set out by the petitioner in the writ application may briefly be stated. The father of the petitioner is employed is the Marketing Division of Barauni Oil Refinery. Because of the transfer of her father to Begusarai in 1989, she was admitted, pursuant to an application filed by her, in Botany Honours course in G. D. College, Begusarai for the session 1988-89. It may be stated here that the petitioner had passed her B. Sc. (pass course) examination from Siliguri College of North bengal University in the year 1988 in 1st division. This course was of two years. A copy of the mark-sheet of the said Examination has been filed as Annexure-1 to the writ application. In August, 1991, the petitioner appeared in B. Sc. (Rons ). Botany of Lalit Narayan Mithila University (hereinafter to be referred to as the Mithila University ). Though the result of the honours course was declared in November, 1991, but the result of the petitioner was not declared.

3. Admittedly for scouring B. Sc. (Honours) degree the marks obtained in eight Papers in Botany have to be taken into account. There papers having full marks of 300 are taught in B. Sc. (pass) course and after completion of pass course, the student opting for honours has to undertake one year additional course comprised of five papers. In the present case the petitioner has passed the B. Sc. (pass) course from North bengal University. From the mark-sheet as contained in Annexure-1 to the writ application granted by the aforesaid University it appears that in the north Bengal University, in pass course apart from other subjects, there were altogether eight papers, of Bo tony. Four theoretical and four practical having of 800 Full marks. Therefore, obviously the marks secured by the petitioner in North Bengal University in the pass course can not be added to the marks secured by her in the one years honours course undertaken by her in Mithila University and unless the marks obtained in the pass course are added to the marks obtained in one years honours course, the candidate/student concerned can not be prima facie accorded the honours degree unless there is some special provision under the Regulation of the university to meet such a special situation.

4. A counter-affidavit has been filed on behalf of the Respondents wherein reliance has been placed on the resolutions of the Bihar State Inter university Board constituted under Sec.2 of the Bihar Inter University board Act, 1981 (Bihar Act 17 of 1992) to counter the claims of the petitioner. The said resolution is contained in the communication of the secretary of the Board vide Annexure-A/1 to the counter-affidavit, which reads as under: "resolved that the Inter University transfer of students belonging to 3 years degree (Pass and Honours) course be permitted within the Universities of the Bihar only. " the import of the said resolution is that there can not be any transfer of the students belonging to three years degree (Pass and honours) courses from the Universities of the other states to the Universities of Bihar. It appears that there is similar provision under Article 5 (ii) of the regulation relating to three years degree (Pass or honours) courses which have been framed under Sec.39 of the Bihar State Universities Act, 1976 (hereinafter to be referred to as the "university Act" {only ). It has also been averred in the counter-affidavit that the Principal of the College (Respondent no.3) has acted illegally in taking admission of the petitioner in the honours course in the college and