IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8719 of 2011 1. CHANDAN KUMAR, S/O LATE RAJDEO SINGH, R/O VILLAGE-ALAUDDINCHAK, P.O. AND P.S.-PUNPUN, DISTRICT-PATNA. 2. FANENDRA KUMAR BIHARI, S/O SRI BADRI NARAIN RAI, R/O VILLAGE, POST OFFICE AND POLICE STATION-BARARI, DISTRICT-BHAGALPUR. ........PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVERNMENT OF BIHAR, PATNA. 4. STATE BOARD OF TECHNICAL EDUCATION THROUGH EXAMINATION CONTROLLER, GOVERNMENT OF BIHAR, PATNA. 5. THE PRINCIPAL, GOVERNMENT POLYTECHNIC COLLEGE, BHAGALPUR. ........RESPONDENTS. ----------- 2 19.05.2011 The two petitioners are students of the Government Polytechnic Institute, Bhagalpur. They have completed their two semesters in the branch of Computer Science and Engineering. However, in the 3rd Semester, they want to change their branch to Civil Engineering. For this, they applied to the Director, Science & Technology, vide Annexure-4, who referred their cases to the Principal, by his note dated 04.03.2011, for him to take a decision in accordance with law. Learned A.A.G.-V submits that the 2 provision for change of branch is available in the 3rd Semester only at the beginning and not at the end. Since the 3rd Semester is going to end, it is not possible for the respondents to allow the petitioners to change their branch. Learned counsel for the petitioners submits that the changes have been allowed in specific cases till last week by the Principals of the other Polytechnic Institutes. He submits that the request of the petitioners has already been forwarded by the Director to the Principal. However, he submits that the petitioners shall submit a formal application to the Principal of the Polytechnic College for their change of branch in the 3rd Semester. He submits that, if there is any impediment in allowing the change of branch at this stage of the Semester, the petitioners are ready to drop one Semester for the purpose to join the next 3rd Semester in the beginning. However, since the petitioners are ready to submit a formal application to the Principal with that request, this Court need not go into the question of entitlement of 3 the petitioners under law to change their branch. It goes without saying that, if the petitioners file their applications before the Principal, the Principal will consider the same in accordance with the rules and regulations applicable in the matter and shall pass appropriate orders accordingly. In case, the Principal finds that it is permissible to the petitioners to change their branch, it will be appropriate for him to pass orders before examination of the Semester is starts. The writ application is disposed of with the aforesaid observations and directions. Let a copy of this order be handed over to learned counsel for the petitioners. Arvind/ ( J. N. Singh, J.)