IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8786 of 2010 1. Pramod Kumar Yadav, Son of Damodar Ray, resident of village- Hanumanganj (Katalpur), P.S.-Mashrak, District-Saran. 2. Mohammad Majid, Son of Anwarul Haque, resident of Main Road Mohalla, Ujjain Tola, P.S.-Bettiah, District- West Champaran. ……….Petitioners. Versus 1. The Magadh University through the Registrar, Magadh University, Bodh Gaya. 2. Vice-Chancellor, Magadh University, Bodh Gaya. 3. Controller of Examination, Magadh University, Bodh Gaya. 4. The Officer on Special Duty, Technical, Magadh University, Bodh Gaya. 5. The Director, R.P. Sharma Institute of Technology, Bailey Road, Patna. ………Respondents. ----------- 3/ 20.05.2010 Heard counsel for the petitioners and the counsel appearing for University. Petitioners in the present writ application have made a prayer with regard to acceptance of their fee and form for appearing in 3rd year examination of B.Sc. Engineering of 2006 batch, going to be commenced from 25.5.2010. Petitioners’ case is that they were admitted in B.Sc. Engineering in the first year in the year 2006 batch in R.P.S. Institute of Technology, Bailey Road, Patna. They appeared in the examination of 1st year, held in the month of December, 2007, in which both the petitioners failed in some papers. Petitioner No. 1 failed in 6 papers and petitioner No. 2 failed in four papers. But, there being a provision in the Regulation, they were promoted to 2nd year B.Sc. Engineering course, vide Resolution No. 3 dated 14.08.2008. Thereafter, the petitioners appeared in the 2nd year B.Sc. Engineering Examination in April 2009. They cleared their - 2 - carry over papers of first year but they failed in 6 papers in the 2nd year. Petitioners’ case is that though they were not allowed to be promoted to 3rd year examination, they were permitted to attend 3rd year class, as such, they have attended requisite percentage of class of 3rd year. Now, in the month of April 2010, the petitioners have cleared all papers of the 2nd year and passed, as such, they are eligible to be promoted to 3rd year. Petitioners’ prayer in given circumstance is, since they are eligible to be promoted to 3rd year and already they have attend requisites percentage of classes of 3rd year, so their case must have been considered by the authorities for admitting them in 3rd year and for allowing them to appear in the examination of 3rd year, by accepting their fees and forms. Counsel appearing for Magadh University has raised objection, giving reference of an order passed by this Court in C.W.J.C. No. 2431 of 2010. I find that there is slight difference in the case of the petitioners of C.W.J.C. No. 2431 of 2010 and the petitioners of present writ application, as petitioners of that writ application had not cleared the carry over papers of their 1st year but, in case of the petitioners, they have already cleared their papers of 1st year as well as 2nd year. This application is being disposed of, giving direction to the Controller of Examination, Magadh University as well as other - 3 - competent authorities of the university to take admission of the petitioners in 3rd year, accept their fees and forms for appearing in the examination of 3rd year and allow them to appear in the examination of 3rd year engineering, going to be commenced from 25th May, 2010, subject to the verification that contention of petitioners regarding permission given to them for attending classes of 3rd year, despite the fact that they have not cleared their 2nd year’s papers, is correct. In case the petitioners have attended requisite percentage of classes, the petitioners must be allowed to appear in the examination. Sanjeet/ (Mridula Mishra, J.)