IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.677 of 2009 ROHIT RANJAN GUPTA, son of Dr. Harinath Prasad Gupta, resident of Kadam Kuan Chowk, Nawada, P.S. – Nawada, District- Nawada. …Petitioner/Appellant Versus 1. Tilka Manjhi Bhagalpur University (T.M.B.U) through its Registrar 2. Vice Chancellor, T. M. Bhagalpur University (TMBU), Bhagalpur. 3. Registrar, T. M. Bhagalpur University (TMBU), Bhagalpur. 4. Controller of Examination, T. M. Bhagalpur University (TMBU), Bhagalpur. 5. Principal, T.N.B Law College, Bhagalpur, A constituent Unit of T. M. Bhagalpur University (TMBU), Bhagalpur. …Respondents/Respondents 6. Shrawan Kumar Singh @ Shrawan Kr. Singh, S/o Neelmani Pd. Singh, Resident of village- Bahra, P.S. Haweli Kharagpur, District- Munger. …Petitioner/Respondent -------- For the appellant : Mr. Gopal Pd. Roy, Advocate. For the Respondent nos. 1 to 5: Mr. Anil Singh, Advocate. ---------- 2/ 13.07.2009 Heard learned counsel for the appellant and learned counsel for the Tilka Manjhi Bhagalpur University. The provisions or the guidelines do indicate that the University may hold second examination for the students, who might have failed in the law examination for Part I, II or III but the guidelines do not appear to be mandatory that in each year or in any eventuality the university must hold another examination which is commonly known as supplementary examination. In the present case, we find that the next annual examination in which the appellant/writ petitioner could take part as student, who had failed to clear certain papers of Part I and II law examination, was available to him when it commenced on 31st May, 2009. The plea of the appellant that if he takes such annual examination, he will become junior does not change the legal position - 2 - that the provisions for supplementary examination or second examination are only permissive or enabling and not mandatory. In that view of the matter, we find no good reasons to interfere with the order of the writ court. Hence, the appeal is dismissed. JA/- (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.)