IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2431 of 2010 1. PRAMOD KUMAR S/O PANNALAL SINGH R/O C/O BISHNU DAYAL RAI, SHIV MANDIR GALI, BORING CANAL ROAD, RAJAPUR PAUL, DISTT- PATNA 2. DHIRAJ KUMAR S/O LALIT KUMAR R/O R.P.S. I.T. HOSTEL, WEST BAILEY ROAD, DANAPUR, P.S- RUPASPUR, DISTT- PATNA 3. SURESH KUMAR S/O CHANDRADHAN SINGH R/O C/O GOPAL SINGH, MOH- ADMI GAON, DISTT- PATNA 4. AMIR MALLICK S/O MD. ZUBAIR AHMAD R/O VILL SUGAON, DISTT- JEHANABAD 5. KUMAR RAJNISH RANJAN S/O RABIDNRA KUMAR R/O AT AND PO- RANIPUR, P.S- ISLAMPUR, DISTT- NALANDA 6. NISHASND RANJAN S/O JIYEN BABU R/O VILL- RAHARDIYARA, PO- SONEPUR, DISTT- SARAN 7. JITMOHAN KUMAR S/O DEVENDRA SINGH R/O VILL-LOCHANA , PO- BRHA, PS- PUNPUN, DISTT- PATNA 8. ARSHAD IMAM S/O ALI AHMAD R/O ASHOKA LODGE, MOH- SAMANPURA, RAJA BAZAR, DISTT- PATNA 9. MD. KHALID HASAN S/O MD. ALAM ASRAR R/O MD. ALI ROAD, HATIA GHATTIA, WARD NO. 31, DISTT- SAHARSA 10. BINDU VIKASH S/O SRI ASHOK KUMAR R/O RAM LAKHAN BHAWAN, MACHLI GALI, NEW JAKKANPUR, DISTT- PATNA 11. MD. SHAHBA-Z-HL HAQUE S/O MD. MUMTAZUL HAQUE R/O AT AND PO- KAKO, DISTT- JEHANABAD 12. RAJ KAMAL CHAWARISHIA S/O LALBABU CHAWARISIA R/O VILL- CHHAWAHI LAKKI, PO AND DISTT- GOPALGANJ 13. SANDEEK KUMAR S/O SRI BISHNU KUMAR JHA R/O C/O SUBHASH CHANDRA CHOUWDHARY, RANJAN PATH, BAILY ROAD, DANAPUR, DISTT- PATNA 14. GAUTAM KUMAR S/O ISHWAR SAHAY RAM R/O LALU PATH, NEW ITWARPUR, SIARA, DISTT- PATNA 15. RAJIV RANJAN S/O SRI BANSH NARAYAN CHAUDHARY R/O 22, ANAND BHAWAN, GURU SAHAY LAL NAGAR, ASHIYANA, DISTT- PATNA 16. AGNIVESH KUMAR S/O YOGENDRA PRASAD SINGH NASRIGANJ, DANAPUR, DISTT- PATNA 17. RAVI KUMAR PATHAK S/O RAVINDRA KUMAR PATHAK R/O VILL ANAND NAGAR, BIKRAMGANJ, DISTT- ROHTAS 18. MD. RAZAUL HAQUE S/O MD. MAZHARUL HAQUE R/O ASHIYANA ROAD, ALI ENCLAVE, BLOCK-C, 303, DISTT- PATNA 19. PRABHAKAR ANAND S/O SRI DEONANDAN SHARMA R/O C/O C.B.MISHRA, ASHOK RAJ PATH, NEW BYPASS SROAD, KANKARBAGH, DISTT- PATNA 20. MD. SHADAB AKHTAR S/O MD. ABDUL HAI R/O MOH- CHHAJU , PO- BIHARSHARIF, DISTT- NALANDA 21. ANANT SINHA S/O KUMAR BHUBNESHWAR PRASAD R/O C/O SUNIL KUMAR, 12/9, MAHATMA GANDHI NAGAR, DISTT- PATNA 22. ARYASRI PUSHAN S/O ABHAY KUMAR PUSHAN R/O HOUSE OF BIJAY KUMAR YADAV, NEW HARNICHAK, ANISABAD, DISTT- PATNA 23. S.M. SHADAB RAZA S/O S.M. JALIL R/O MOH-ALAMGANJ, PO- GULZARBAGH, P.S- ALAMGANJ, DISTT- PATNA 24. AFTAB AHMAD S/O KALIMUDDIN AHMAD R/O MOH- OLD KARIMGANJ, PO CIVIL LINES, DISTT- GAYA 25. SANJAY KUMAR S/O BIRENDRA PRASAD R/O SHIVAJEE NAGAR, LAKHIBAG, PO AND P.S- MASAURHI, DISTT- PATNA 26. RAHUL KUMAR S/O SRI ARUN KUMAR R/O VILL- BHENDA, P.S- RAHUI, DISTT- NALANDA 27. MD. IMTEYAZ ALAM S/O MD. JAMALUDDIN R/O VILL ARHA, VIA- PAKRIBARAWAN, P.S- CHANDRADEEP, DISTT- NAWADA 28. MANNA LAL S/O BRAHMDEO PRASAD R/O VILL TETRAWAN, P.S- MANPUR, DISTT- NALANDA 29. ASHISH KUMAR ARYA S/O GANGA PRASAD GUPTA R/O SAGUNA, PO- DANAPUR, DISTT- PATNA Versus 1. THE V.C.,MAGADH UNIVERSITY BODH GAYA 2. THE RGISTRAR, MAGADH UNIVERSITY, BODH GAYA 3. CONTROLLER OF EXAMINATION, MAGADH UNIVERSITY, BODH GAYA 4. OFFICER-ON-SPECIAL DUTY TECHNICAL, MAGADH UNIVERSITY, BODH GAYA 5. DIRECTOR, R.P.S. INSTITUTE OF TECHNOLOGY, PATNA 6. DIRECTOR, MAULANA AZAD COLLEGE, OF ENGINEERING AND TECHNOLOGY, NEORA, PATNA ----------- 2. 09.04.2010 Heard learned Counsel for the petitioners and the learned Counsel for the University. The petitioners are students of the B.SC. (Engineering) of the R.P.S. Institute of Technology and Maulana Azad College of Engineering and Technology for the Session 2006-2010. They have failed in less than three papers in the First Year. They were promoted to the Second Year under the regulation subject to clearing their carry over papers of the First Year along with the Second Year final examination. They have appeared in the Second Year examination and the carry over papers of the First Year. Counsel for the University submits that their entire results have been withheld because they have failed to clear the carry over First Year papers and therefore they are not eligible and have not been given admission to the Third Year course and hence question of permitting them to appear at the final examination of Third Year subject to any condition does not arise under the regulation. The submission on behalf of the petitioner is that they have been permitted to attend classes in the Third Year and also possessed requisite attendance. The pleadings in the writ application on the former are to the contrary and the latter is missing. A supplementary affidavit filed today states that they have been attending classes in the Third Year. If the petitioners have attended classes in the Third Year as claimed by them without formal admission and payment of fees this Court considers the same to be of no avail to the petitioners so as to entitle them to any relief. This application is dismissed. Snkumar/- (Navin Sinha,J.)