IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17355 of 2009 1. RAJEEV KUMAR S/O SRI JUGNU KUMAR R/O VILL. AND POST- JAHANGIRA SOBHANI, P.S. & DISTT.- KHAGARIA, PRESENTLY RESIDING IN RAJKIYA AYURVEDIC COLLEGE HOSTEL, POKHARIYA, BEGUSARAI 2. BINAY KUMAR S/O SRI MATHURA PD. R/O VILL.- CHAPAUR, P.S.- PUNPUN, DISTT.- PATNA, PRESENTLY RESIDING IN THE HOUSE OF KAMLA PANDEY, CHHOTKI SHARIMPUR, BUXAR 3. SUNIL KUMAR S/O SRI MUNNA SINGH R/O VILL.- DHANGAHI, P.S.- VIKRAMGANJ, DISTT.- ROHTAS, PRESENTLY RESIDING IN THE HOUSE OF KAMLA PANDEY, CHHOTKI SHARIMPUR, BUXAR Versus 1. BABA SAHEB BHIM RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR THROUGH ITS REGISTRAR 2. THE VICE-CHANCELLOR, BABA SAHEB BHIM RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR 3. THE REGISTRAR, BABA SAHEB BHIM RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR 4. THE EXAMINATION CONTROLLER, BABA SAHEB BHIM RAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR ----------- 2. 18.12.2009 Heard learned counsel for the petitioners and learned counsel for the BSBRA Bihar University. The petitioners are students of the B.A.M.S. course. It is not in controversy that they have failed in one paper of the second year course but have been permitted to attend 3rd year classes under the regulations. They are aggrieved by denial of permission to appear in the 3rd year examination without first having cleared the one failed paper of the second year. Learned counsel for the petitioners very fairly acknowledges that they failed/absented in the supplementary examination of the failed second year 2 paper. The regulations provide that the supplementary examination is to be held in September. A candidate who does not pass the 2nd year supplementary examination will be eligible to appear in the second professional examination of the 2nd year. The fallacy in the submission of the petitioner lies in their claim for a second supplementary examination for the 2nd year failed paper. To this Court, the regulations visualize only one supplementary examination. If they did not appear or failed in the supplementary examination, the regulations only permit them to appear at the second professional examination and not any further supplementary examination for the second year. This Court has no hesitation in holding that under the regulations till such time that the petitioners do not clear the failed paper of second year either in the supplementary examination or the second professional examination for the second year, the actions of the University in not permitting them to appear in the 3rd year final examination cannot be faulted with. This Court, therefore, finds no error in the action of the University to deny them permission to appear in the 3rd year examination till such time that 3 they clear the second year failed paper. If the petitioner appears at the next professional examination for the second year and clears the failed paper, there may be continuity in their admission, subject to the ‘regulations’ when they may have a claim to appear at the 3rd year examination on the same admission. The writ application is dismissed with the aforesaid observation. P. Kumar (Navin Sinha, J.)