IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17892 of 2009 RUPAM & Ors. Versus THE STATE OF BIHAR & ORS . ----------- 2. 18.12.2009 Heard learned counsel for the petitioners and the University. The fifty eight petitioners seek a direction to the Respondent-B.S.B.R.A. Bihar University to accept their fees and forms and to allow them to appear in the ensuing Ist year B.A.M.S. examination to be conducted by the Respondent- University as a regular student of R.N. Mukherjee Ayurved college and Hospital, Motihari (hereinafter to be referred as ‘the College’) said to be affiliated with the University. From paragraph 4 of the writ petition, it is manifest that admission in the four and half year B.A.M.S. Course has been secured by them individually in different Sessions. The submission is that as the students of the affiliated College they are duly registered with the University. Reliance is also placed on certain orders of this Court giving directions for permitting persons like the petitioners to appear at the ensuing examination as contained in Annexures- 11, 12 and 13. Learned counsel for the University submits that such candidates who secured admission in the College beyond the intake capacity cannot be permitted to appear at the examination. He next submits that such candidates who did not appear at the subsequent three examination from the original examination on 2 which they were scheduled to appear for any reason are not permitted to appear and has to take admission afresh as held by the Bench of this Court in CWJC No. 5300 of 2007 and analogous cases disposed on 25.11.2008 and L.P.A. No. 386 of 2009 against which has been dismissed also. Such students, who have been granted admission by the College and subsequent registration by the University, form a class by themselves. In their case, the issue of intake capacity of the College urged on behalf of the University loses its relevance completely. It was for the University to take appropriate action by denial of registration, if as a question of fact the admission was beyond the intake capacity. This Court, therefore, holds that such students of the College who have been granted registration by the University and the University alleges that their admission was beyond the intake capacity, the University is required to first lodge a first information report against its own officials, who granted such registration and thereafter issue show cause notice to the students concerned and then proceed in accordance with law. Surely this procedure to be followed by the University cannot prejudice the petitioners at this stage in any manner. Those students granted admission beyond the intake capacity and not registered with the University form a separate class and with regard to whom this Court finds it difficult to grant any relief. Such students in the third category, who do not appear in the three successive examinations computed from the 3 first scheduled examination on which they were required to appear stands concluded by a Bench decision of this Court and against which L.P.A. has also been dismissed. This Court finds no reason to arrive at any different conclusion with regard to this category of persons. This writ application is allowed only to the extent indicated, when the University is obliged to accept the fees and forms of the students in the first category for the examination scheduled to commence since 21st of December, 2009. AKS/ (Navin Sinha, J.)