IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7084 of 2010 MD.NAFIS UDDIN, SON OF MD. NEZAM UDDIN, RESIDENT OF MOHALLA SYED TOLA, VILLAGE AND P.O. ASTHAWAN, DISTRICT – NALANDA. …….. PETITIONER. Versus 1. THE MAGADH UNIVERSITY THROUGH THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA. 2. VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA 3. CONTROLLOER OF EXAMINATION, MAGADH UNIVERSITY, BODH GAYA 4. THE OFFICER ON SPECIAL DUTY, TECHNICAL, MAGADH UNIVERSITY, BODH GAYA 5. THE DIRECTOR, MAULANA AZAD COLLEGE OF ENGINEERING AND TECHNOLOGY. …….. RESPONDENTS. ----------- 03/ 26.04.2010 Heard counsel for the petitioner and counsel appearing for Magadh University. Petitioner is a student of 2nd year B.Sc. Engineering of Maulana Azad College of Engineering and Technology, Patna. He appeared in the 1st year B.Sc. Engineering annual examination in the year, 2009 and was declared passed in four papers but in other three papers he could not get pass marks, as such his result has been withheld. The prayer of the petitioner is for a direction to the respondents to accept his forms and fees for appearing in the B.Sc. Engineering 2nd year examination scheduled to start from 30th April, 2010, and to allow him to appear in the periodical examination and Sessional examination of 2008-09 batch. The counsel for the petitioner submits that the - 2 - respondents should have allowed the petitioner to appear in the examination as per the transitory regulation formulated by the Chancellor Secretariat vide its letter dated 16.8.2005, whereby the Vice-Chancellor of the Magadh University was directed to allow the students with three carry over papers, to appear in the examination. The counsel for the petitioner in this regard has relied upon a decision of this Court in CWJC Nos. 9431 of 2007 and 9432 of 2007. The counsel for the petitioner, was questioned about the duration of the transitory regulation, since it was applicable only to 2004 batch, to this it was submitted that in the unreported decision its’ application has been allowed also for subsequent examination. The counsel for the petitioner further submits that even if the petitioner is not allowed to take help of transitory regulation, otherwise also as per the original rule, he is entitled for permission to appear in the examination of 2nd year Engineering, for the reason that already he has passed in four papers. As per the original rule the candidate is required to pass in five papers, and only with three papers carry over he can be allowed to appear in the next examination. So far petitioner is concerned, he has cleared four papers, marks of one paper cannot be considered as the answer sheet is traceless. Other three papers - 3 - he has been shown as not promoted. In this way, it should be presumed that the petitioner has not cleared only three papers, and students not having cleared three papers, must be allowed to appear in the examination. Considering the facts and circumstances of the case, the prayer of the petitioner is allowed. As per the rule, petitioner is entitled for permission to appear in the 2nd year B.Sc. Engineering course. The respondents-authorities of the Magadh University are directed to accept forms and fees of the petitioner for appearing in the examination scheduled to start from 30th April, 2010. However, publication of the result will be subject to his passing the carried over papers. This application is allowed. Let this order be communication to the Vice-Chancellor, Magadh University and the Director of the Institution through fax, if requisite cost is deposited by the petitioner. DKS/ (Mridula Mishra, J.)