IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9396 of 2011 1. Mukesh Kumar SON OF UPENDRA NARAYAN YADAV RESIDENT OF VILLAGE SRIPUR, P.S. MADHEPURA, MADHEPURA. 2. ASHISH RANJAN SON OF UPENDRA NARAYAN YADAV RESIDERNT OF RAIBHIR, P.S. SANKARPUR, MADHEPURA. 3. SEPAN SACHDEO SON OF SRI DHIRENDRA PRASAD YADAV RESIDENT OF MOHALLA GANGAPUR, P.S. MURLIGANJ, MADHEPURA. 4. AVINASH KUMAR SON OF AMRENDRA KUMAR RESIDENT OF MOHALLA NADHI, P.S. MADHEPURA, DISTRICT MADHEPURA. 5. DHARMVIR KUMAR SON OF RAMOTAR PRASAD YADAV RESIDENT OF MOHALLA DHANCHHOHA, P.S. SOURBAZAR, SAHARSA. 6. NAVIN KUMAR SON OF RI BHUBNESHWAR MAHATO RESIDENT OF MOHALLA BELASIMRI, P.S. KHAGARIA, KHAGARIA. 7. ASHISH RANJAN SON OF NARESH KUMAR RESIDENT OF MOHALLA WARD NO. 03, ANAND BIHAR, MADHEPURA. 8. BAKHTEYAR ABDULLAH SON OF SAFDAR RAZA RESIDENT OF SHUMALI, P.S. SHERGHATI, GAYA. 9. MD. SHADAN AHMAD SON OF GHUFARAN AHMAD RESIDENT OF MOHALLA SALAMAT NAGAR, P.S. KATIHAR, KATIHAR. 10. RAHUM KUMAR SON OF SRI RAMDEV PASWAN RESIDENT OF MOHALLA B.P.P.S., P.S. BEGUSARAI, BEGUSARAI. 11. ASHISH KUMAR SON OF B INDESHWARI PRASAD MANDAL RESIDENT OF SHASTRI NAGAR, MADHUBANI., P.S. K. HAT, PURNEA 12. RISHAB MAURYA SON OF AMOL KUMAR SAH RESIDENT OF MURLIGANJ, MADHEPURA. 13. RAVI SHANKAR GUPTA SON OF SRI KUMUD KUMAR GUPTA RESIDENT OF MOHALLA SUDHINCHOWK TATMATOW, P.S. K. HAT, DISTRICT PURNEA. Versus The B.N.Mandal University & Or . ----------- 6 08/07/2011 The Court fails to understand as to how an - 2 - University is run in the State of Bihar. Students have to wait for declaration of their results for about one year for the examination held in the last year. In the present case also petitioners have been promoted and allowed to continue their studies for the second year in the Engineering for over 11 months without their results of the 1st year being declared. The 1st year results have just come in the nick of time in the sense that when the students were preparing to sit for the 2nd year examination, they have now been barred or are being prevented because the University refused to accept their form and fees on the ground that they have failed in more than three papers. After the University/College has permitted these students to pursue their education for almost a year in the next higher grade, that whole year cannot vanish because there is some contribution on the part of the Institutions as well, in permitting the petitioners to pursue their studies for the whole academic year. There are regulations in place but those regulations have to be applied strictly when the Institution sticks to a time schedule for holding examinations and declaring results. World over, results are declared much before admissions - 3 - are over to the next year but then in such Institutions of Bihar they have their own rules and yardsticks. The objection raised by the learned counsel for the University in refusing to accept form and fees could have merited consideration, if in similar circumstance, the High Court had not permitted other students to sit for the next examination irrespective of their failure with a rider that they must clear all the papers before the next examination. Since such reliefs have been granted in the peculiarity of the facts and circumstances of the case, this writ application is disposed of with a direction upon the Controller of Examination of B. N. Mandal University that they will be obliged to accept the form and fees of the students for the examination in question subject to the condition, provided they declare their results well in time for the previous session and the petitioners are given liberty to sit for all those papers in which they have failed. This writ application is disposed of with the observation aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)