IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5867 of 2008 FIROZUR RAHMAN aged about 23 years son of Faizur Rahman, resident of New Millat Colony, F.C.I. Road Phulwarisharif,P.S. Phulwarisharif,District-Patna. Versus 1. MAGADH UNIVERSITY , Bodh Gaya, through its Registrar 2. The Vice Chancellor, Magadh University, Bodh Gaya,District-Gaya. 3. The Registrar, Magadh University, Bodh Gaya,District-Gaya. 4. The Controller of Examination, Magadh University, Bodh Gaya,District-Gaya. 5. Officer on Special Duty,Technical, Magadh University, Bodh Gaya,District-Gaya. 6. Director, Maulana Azad College of Engineering and Technology,Patna. ----------- 7 19.3.2009 Petitioner is a student of B.Sc Engineering in Maulana Azad College of Engineering and Technology under the Magadh University.He appeared in B.Sc Engineering Part I examination but did not clear one paper, yet the College permitted him to pursue his study in second year. While keeping examination for IInd year, he again failed in two papers. College again permitted him to pursue his study in IIIrd year without assuring that he have to clear his earlier papers of Ist and IInd year. He was then stopped by the college itself from appearing in Part III examination, which brought him to this Court. By interim order dated 11.4.2008 this Court directed the petitioner to appear in Part –III examination but the result was made subject to the result of this writ petition. Mr. Yugal Kishore, learned counsel appearing on behalf of the University submits that as per Regulation 12.2 of the University Regulation, a person’s result in the next higher class would not be published till he clears all papers of the lower class. He submits that this - 2 - being the provision, the petitioner, in fact, was rightly stopped from appearing in Part III examination. Be that as it may, under interim order of this Court, as the petitioner has been permitted to sit for Part III examination and having been permitted by the college to pursue his study in Part III, his result of Part III would not be published till the time he clears all papers of Part I and Part II examination. Consequently his promotion to Part IV would thus depend on petitioner’s clearing all papers of part I and Part II and at least five papers of part III. With the aforesaid observation and direction, this writ petition stands disposed of. singh (Navaniti Pd. Singh)