IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7380 of 2010 1. AKHLAQUR RASHID, S/O ABDUR RASHID, R/O VILLAGE- JAISINGHPUR, P.S.- TURKAULIA, DISTRICT-EAST CHAMPARAN AT PRESENT C/O MASIUR RAHMAN, PRESIDENCY COLLEGE BUILDING OLD AZIMABAD COLONY MAHENDRU PATNA 800006. Versus 1. THE STATE OF BIHAR. 2. VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GYA. 3. THE EXAMINATION CONTROLLER, MAGADH UNIVERSITY, BODH GYA. 4. THE PRINCIPAL, R.P.SHARMA INSTITUTE OF TECHNOLOGY PATNA. 5. THE REGISTRAR, R.P.SHARMA INSTITUTE OF TECHNOLOGY PATNA. ----------- 03/ 03.05.2010 Heard counsel for the petitioner and counsel appearing for Magadh University. This application has been filed by the petitioner for a direction to the respondents-authorities of the Magadh University to allow him to appear in the 3rd year examination of B.Sc. Engineering for the Session 2008-09. Petitioner is a regular student of R.P. Sharma Institute of Technology, Patna. The facts of the case reveal that the petitioner did not clear all papers of the 1st year examination but promoted to the 2nd year with carry over papers. He appeared in the 2nd year examination along with carry over papers of the 1st year. In the first attempt and second attempt he has not cleared the 2nd year examination along with carry over papers. He has made 3rd attempt by appearing in - 2 - examination of 2nd year examination along with carry over papers of the 1st year. Result of this examination has not been published as yet. Admittedly the petitioner has not been declared pass in the 1st and 2nd year examination as yet, since the result has not been published. He has not been allowed to take admission in the 3rd year and has not attended the requisite number of the classes of the 3rd year. In this circumstance, as per the provision under Regulation 12 (ii) he is not entitled for permission to appear in the examination scheduled to be held in May, 2010. However, the respondents-authorities of Magadh University are directed to publish the result of petitioner for the examination held in December, 2009. In case the petitioner clears all papers he may be allowed to take admission in 3rd year and continue with his further course. The authorities of the University will make all attempt to publish the result as soon as possible. This application is dismissed. DKS/ (Mridula Mishra, J.)