IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.466 of 2009 1. Amrendra Kumar Singh son of Laxmi NarayanSingh,resident of village Barki Sirisiyan, P.S. Bheldi, District Saran, 2. Rajeev Kumar Sonu son of Sri Someshwar Prasad, resident of mohalla Rajendra Nagar, P.S. Gopalganj, District Gopalganj, 3. Sameer Saurabh son of Sri Rajeshwari Singh, resident of Diesel Colony, Patratu, P.S. Patratu, District Ramgarh(Jharkhand), 4. Neeraj Kumar son of Sri Naresh Kumar, resident of village Gadribishampur, P.S. Piribazar, District Lakhisarai, 5. Md. Azharuddin son of Biga Raut, resident of village Sisuan Sarya, P.S. Bairyan, District West Champaran, …Writ Petitioners/Appellants versus 1. The Hon’ble Chancellor, Bihar, 2. The Vice Chancellor, Magadh University, Bodh Gaya, 3. Controller of Examination, Magadh University, Bodh Gaya, 4. The Registrar, Magadh University, Bodh Gaya, 5. Dean R.P. Sharma Institute of Technology, Patna, …Respondents/Respondents …. 3 04.05.2009 Heard learned counsel for the parties. The writ petitioners are students of R.P. Sharma Institute of Technology, Bailey Road, Patna. It is affiliated to the Magadh University. They failed in more than three papers but less than six papers in Ist year Engineering Examination. Regulation 12 of the Magadh University Regulations provides that if the candidates fail in more than three subjects, they cannot be promoted to higher 2 class and they can appear as private candidates in the subsequent examination, but they shall have to appear in all the subjects. It is the case of the writ petitioners that annexure 3 would show that the University authorities have approved the proposal for carrying over three additional papers for the B.Sc.(Engineering) Part-I, 2004 examination and by judgment dated 03.10.2007 in CWJC No. 9431 of 2007 it was held that the students can be allowed to be promoted in view of annexure 3 even if they fail up to six papers until fresh regulations are framed. A similar benefit was also granted to the students, who failed in more than three papers but less than six papers, by judgment dated 29.04.2008 in CWJC No. 6157 of 2008 vide annexure 8. In light of the aforesaid orders passed by this Court, we direct the respondents to promote the petitioners to 2nd Year. But it is made clear that if they do not clear the above papers, they will not be allowed to be promoted to third year course. This order is being passed only in respect of the writ petitioners of this case. 3 With the aforesaid direction, this appeal is disposed of. (J.B. Koshy, CJ) SC ( Dr. Ravi Ranjan, J.)