IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7014 of 2010 1. M.IMRAN SIDDIQUI S/O MD. MUMTAZ AHMAD R/O MOHALLA- CHAWK THATHERI BAZAR, ALLAHABAD (U.P.) 2. GULAM WARIS S/O SALIM ALI R/O PHULWARISHARIF, P.S. PHULWARISHARIF, DISTT.- PATNA 3. AHMAD ANWAR MAZHAR S/O DR. SHAMIM AHMAD R/O RANCH, P.S. BARYATU, P.S. BARYATU, DISTT.- BASTI (U.P.) 4. MD. SHABBIR ALAM S/O DR. ALIMUDDIN R/O BARI BAZAR, P.S. MOHANIA, DISTT.- KAIMUR 5. MD. MOBARAK S/O FARASAT R/O VILL.- SUMALI, P.S. SHERGHATI, DISTT.- GAYA 6. IMRAN ALI S/O QURBAN ALI R/O ALI NAGAR, P.S. CHOMDALI, DISTT.- MOGHALSARAI (U.P.)- Petitioners. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR INDEGENOUS MEDICINE, GOVT. OF BIHAR, PATNA 3. THE VICE CHANCELLOR, B.R.A.BIHAR UNIVERSITY, MUZAFFARPUR 4. THE CONTROLLER OF EXAMINATION, B.R.A.BIHAR UNIVERSITY, MUZAFFARPUR 5. THE B.R.A.BIHAR UNIVERSITY, MUZAFFARPUR THROUGH ITS REGISTRAR – Respondents. ----------- 2 26.4.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are the students of 2005-06 batch of Bachelor of Unani Medicine & Surgery in Nizamia Unani Medical College, Gaya under the Bihar University. The petitioners have cleared the 1st year annual examination. However, they have failed in one paper in the 2nd year of the examination. The 3rd year examination is to take place from 28.4.2010 without holding the supplementary examination for the 2nd year which is essential under the rules. The result is that the petitioners are not being permitted to sit in the 3rd year annual examination. The rules require that before holding the 3rd year annual examination, the University should hold the 2nd year supplementary examination so that the students who have failed in the 2nd year annual 2 examination in one to three subjects, should get an opportunity to sit for the 3rd year annual examination. Having denied the opportunity to the petitioners to appear in the 2nd year examination by holding supplementary examination, this court directs that the petitioners should be permitted to appear in the 3rd year annual examination of B.U.M.S. course. The result of the petitioners of their 3rd year will not be published, until 2nd year supplementary examination is held. It is expected that the 2nd year supplementary examination should be held as early as possible, as the students who have failed in the 2nd year would otherwise suffer because of the delay in holding the supplementary examination. This writ petition is allowed in the terms aforesaid. haque (Sheema Ali Khan, J.)