IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2950 of 2009 1. Md. Abid Ashraf, son of Md. Shafi Ahmad, resident of village- Pakahi, P.O. Tehta, P.S. Mukdumpur, district- Jehanabad. 2. Sarfuddin, son of Mainuddin, resident of Village- Bindwal, P.O. Chainpur, P.S. Goreakothi, District- Siwan. ... Petitioners. Versus 1. Magadh University, through the Registrar, Magadh University, Bodh Gaya. 2. The Vice Chancellor, Magadh University, Bodh Gaya. 3. The Registrar, Magadh University,Bodh Gaya. 4. Controller of Examination, Magadh University, Bodh Gaya. 5. The Officer on Special Duty, Technical Magadh University, Bodh Gaya. 6. The Director, Maulana Azad College of Engineering & Technology, Patna. ... Respondents. ----------- 04- 1.4.2009 Heard Mr. Imteyaz Ahmad for the petitioners, Mr. Yugal Kishore for respondent nos.1 to 5, and Mr. N.A. Shamsi for respondent no.6. Two petitioners have joined this writ petition seeking a common direction to the respondents to promote them to the third year of the B.Sc. Engineering course of 2004 batch, and to allow them to appear in the annual examination. Respondent nos.1 to 5 have placed on record their counter affidavit and have opposed the writ petition. 2. We have perused the materials on record and considered the submissions of 2 learned counsel for the parties. It appears that the two petitioners have joined the B.Sc. Engineering Course in Maulana Azad College of Engineering and Technology, Patna, in 2004 batch, which is an affiliated college of Magadh University. It appears that they have appeared in the second year annual examination, have passed in four papers, and failed in the remaining four papers. Consequently, they have not been promoted to the next year, and have not been permitted to appear in the examination for the third year. Learned counsel for the respondents have rightly relied on Clause 12(i) of the Regulations of the University which is reproduced hereinbelow for the facility of quick reference: “12(i) If at any examination, a candidate passes in sessional work but fails in not more than three subjects, he may be promoted to the next higher class. Such candidate shall be required to appear and pass in the written papers of the subject(s) in which he has failed, in the next examination along with the subjects of the next higher class. If he fails in more than three subjects, he may appear as non- collegiate candidate in the subsequent examination but shall have to appear in all the subjects. If he fails in sessional work, he has to take readmission.” 3 It is evident on a perusal of the same that those students who have not cleared up to three papers shall be promoted to the next year, subject to the condition that they shall have to clear the same in the next annual examination. In view of the position that the petitioners failed in four papers, they cannot get the benefit of Clause-12(i) of the Regulation. It is also stated in the counter affidavit that in so far as the current examination for the third years is concerned, examination of four papers has already been held. No ground for interference is made out. 3. The writ petition is dismissed. (S K Katriar, J.) S.K.Pathak/