IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18809 of 2011 1. Sahab Ahmad Khan Son Of Ibtehaj Ahmad Khan Resident Of Mohalla - Noori Nagar, P.O.- Bhatta Bazar, P.S.- Sahayak Khajanchi Hat, District - Purnea 2. Praween Kumar Son Of Sri Pramanand Singh At Talsipur, P.O. And P.S. - Sonokhar Hat, District - Bhagalpur, (Bihar) 3. Ashish Kumar Son Of Sri Rajendra Prasad Baidya Village - Simariya, P.O.- Chandadih, District - Banka (Bihar) 4. Pappu Kumar Gupta Son Of Sri Parmanand Sah Resident Of Village - Balibhadra Pattia, P.O.- Mirganj, District - Gopalganj 5. Amrit Kumar Son Of Ashok Kumar Rajak Housing Board Colony, Janta Flat No. 118, Barari, District - Bhagalpur, Pin Code No. - 8120003 (Bihar) Versus 1. The State Of Bihar Through Secretary, Science And Technology, New Secretariat, Bailey Road, Patna 2. The State Board Of Technical Education Bihar 4th Floor Vishweshraiya Bhawan Campus, Bailey Road, Patna - 800015 3. The Chairman, The State Board Of Technical Education Bihar 4th Floor Vishweshraiya Bhawan Campus, Bailey Road, Patna- 800015 4. The Secretary, The State Board Of Technical Education Bihar 4th Floor Vishweshraiya Bhawan Campus, Bailey Road, Patna - 800015 5. The Controller Of Examination, The State Board Of Technical Education Bihar 4th Floor Vishweshraiya Bhawan Campur, Bailey Road, Patna - 800015 6. The Principal Millia Polytechnic Rambagh, P.S.- Purnea Sadar, District - Purnea ---------------------------------- 3 01/12/2011 All the five petitioners are students of respondent no. 6 which is Millia Polytechnic, Rambagh in the - 2 - district of Purnea. They are pursuing their studies in Mechanical Engineering (Automobile) as well as Electrical Engineering which is being offered by the College. They are being now prevented from sitting in the sixth semester examination by refusing to accept the form and fees on the ground that they have not cleared second semester paper of Surveying and Measurement. Learned Senior Counsel representing the petitioners terms such an action of the respondents arbitrary in the circumstances that even till completion of the fifth semester they have not been permitted to sit for the so called paper of surveying and measurement of the second semester course. They had been repeatedly making request on their behalf upon the respondents authorities to enable them to sit for the said paper and clear it before they complete their course of studies but without responding to such a request they have been permitted to continue their studies till the completion of 6th semester course and promotions have been granted by the respondents authorities in all these years without any let and hindrance. In the supplementary affidavit even a statement - 3 - has been made that there is a kind of pick and choose method adopted by the State respondents authorities in matters of grant of such promotion and example of which has been brought on record in paragraph 4 of the said supplementary affidavit. The stand of the respondents State, as reflected from the counter affidavit duly sworn by the Deputy Controller of State Board of Technical Education, Bihar, is that all backlog papers have to be completed by the student to be eligible to sit for any examination muchless the sixth semester examination which is contemplated to be held from 15.12.2011, 5th December being the last date for filling the form and fees. There cannot be any quarrel with regard to student completing or clearing all the past papers but the question is that a student can only clear those papers provided they are permitted to sit in the examination and those examinations are conducted regularly either by the Institution or under the direction of the Board. Curiously enough, the Institution in question is not willing to appear before the Court and explain their conduct and the State authorities are silent on this aspect of the matter as - 4 - to why the petitioners were not given an opportunity to sit for the so called backlog papers despite the fact that they have reached the stage for sitting in the sixth semester examination. Obviously, there is more than what meets on the conduct of respondent no. 6 as well as failure on the part of other respondent nos. 1 to 5 to regulate and monitor functioning of such an Institution. In the given facts and circumstances, the equity demands that the petitioners should be permitted to appear in the sixth semester examination by accepting their form and fees forthwith and without any impediment in this regard. So far as clearing of the paper in question is concerned for the second semester, it is an obligation both upon respondent no. 6 as well as other respondents to conduct examination as soon as possible in this regard by giving chance to these petitioners to pass those papers. This writ application is allowed with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)