IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13119 of 2009 KUNDAN KUMAR JAISWAL & ANR Versus NATIONAL INSTITUTE OF TECHNOLO ----------- 2. 12.10.2009 Heard learned counsel for the petitioners and the State. Academic standards, academic excellence and enforcement of the same are for the Academician to decide. It shall not be the purview of the Courts to redefine academic standards and academic excellence or to dilute the same. The petitioners are students of National Institute of Technology, Bihar, a deemed university, who took admission in Sessions 2008-2009 in the month of July, 2008. In the first year of their examination, they failed to clear three papers. The regulations contemplated a summer quarters course. What was the subject matter of the summer quarters course could not be the subject matter of the special examination. The contention of the petitioners is that if summer quarters would have been held, they could have attended the same in two papers and then if they could have secured the necessary grade then they would not be required to appear in the special examination in third paper. That controversy to this Court is no more relevant because the admitted fact is that the petitioners did not attend any summer course for whatever the reasons may be and they appeared at the special examination in three papers in which they have been declared unsuccessful. Once they took their chance and appeared 2 in the examination, they cannot be permitted to approbate and reprobate and now seek relief with regard to matters which they themselves preferred to waive. To that extent, this Court finds no merit in this application. In so far as their claim that grade points required under the Regulations when they took admission were lesser, as compared to the amendment made in the regulation in October, 2008 is concerned, now that the petitioners are required to take fresh admission in the first year, this Court does not consider it prudent to redefine the academic excellence for them. If the petitioners represent to the academic authority, this Court leaves it to the academician to decide, if relaxation is permissible or not under Rules, without diluting the standards of academic excellence and imparting academic knowledge without being prejudiced by the present order. The writ application stands disposed. AKS/ (Navin Sinha, J.)