IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12972 of 2011 1. Akhlaqur Rashid SONOF ABDUR RASHID RESIDENT OF JAI SINGHPUR, P.S. TURKAULIA, DISTRICT EAST CHAMPARAN. 2. MD. MUSTZAB HUSSAIN SON OF MD. RAHMAN HUSSAIN RESIDENT OF BHARATPURA, P.S. DULHIN BAZAR, PATNA. 3. SABAUR RAHMAN SON OF FAZLUR RAHMAN RESIDNET OF MOHALLA NAYA TOLA, P.S. BETTIAH TOWN, WEST CHAMPARAN. 4. MD. IMTIYAZ ALAM SON OF ABDUL MAZID, RESIDENT OF MOHALLA KOSI COLONY NARPATGANJ, P.S. NARPATGANJ, ARARIA. 5. SIDDIQUE TAUSEEF AHMAD SON OF SHAFI AHMAD SIDDIQUI, RESIDENT OF NARIPUR, P.S. KAZI MOHAMMADPUR, MUZAFFARPUR. 6. MD. FAZAL ALI SON OF MD. JAHANGIR QURAISHI RESIDENT OF MINAPUR CHOUHARY BAZAR, P.S. HAJIPUR, DISTRICT VAISHALI. 7. UTPAL KUMAR SON OF SRI UPENDRA NATH SAH RESIDENT OF MOHALLA NAUZER GHAT, P.S. KHAJEKALAN, PATNA. 8. SHARAD KUMAR SON OF SRI RAVI KUMAR JAISWAL, RESIDENT OF MOHALLA KILLA, P.S. SASARAM, DISTRICT ROHTAS. 9. RAUSHAN KUMAR SINGH SON OF NARENDRA KUMAR SINGH RESIDNET OF PASTAN TOLI, P.S. ANDHRA THADI, DISTRICT MADHUBANI. Versus The Magadh University & Ors ---------------------------------- 2 12/08/2011 There are nine petitioners. All of them were supposed to be the students of what is known as R. P. Sharma Institute of Technology, Bailey Road, Patna, an affiliated college under Magadh University, Bodh Gaya. The reason for the petitioners to approach the - 2 - High Court is that the result for the 3rd year examination has not been declared by the University till date. Classes for the 4th year have started and they are not being permitted to pursue their studies on the ground that their results have not been declared. The Court fails to understand as to why the concerned College is taking a rigid stand on the issue when declaration of result has nothing to do with the petitioners. If delay is being caused at the level of the College or University concerned, these petitioners cannot be compelled to suffer. This writ application is disposed of with a direction upon respondent no. 5, the Director, R. P. Sharma Institute of Technology, Patna, that the petitioners would be permitted to take admission in the 4th year and attend their classes subject to the result of the third year. It is made clear that mere grant of permission to the petitioners for taking admission itself does not create any right in their favour because their right will be dependent upon their performance in the examination on declaration of the result and the concerned regulation relating thereto. - 3 - This writ application stands disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)