IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3025 of 2009 MOHD.SHAHER YAAR, SON OF MD. SHAFI ALAM, R/M SABJIBAGH, BATA LANE, OPPOSITE CATHOLIC CHURCH, P.S. PIRBAHORE, P.O. BANKIPUR,DISTRICT PATNA------PETITIONER. Versus 1. MAGADH UNIVERSITY THROUGH THE REGISTRAR, MAGADH UNIVERSITY BODH GAYA. 2. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BOTH GAYA. 3. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA. 4. THE CONTROLLER OF EXAMINATION, MAGADH UNIVERSITY, BODH GAYA. 5. THE OFFICER ON SPECIAL DUTY, TECHNICAL, MAGADH UNIVERSITY, BODH GAYA. 6. THE DIRECTOR, MAULANA AZAD COLLEGE OF ENGINEERING AND TECHNONOGY, PATNA-------RESPONDENTS. WITH CWJC No.3707 of 2009 1. ASHISH KUMAR RANJAN, SON OF SRI NAWAL KISHORE CHOUDHARY, R/M BAGMALI, P.O. HAJIPUR,P.S. HAJIPUR, DISTRICT VAISHALI. 2. MD. RUHULLAH, SON OF LATE MD. MAHMOOD ALAM, RESIDENT OF NEW AZIMABAD COLONY, P.S. SULTANGANJ, DISTRICT PATNA. 3. TARKESHWAR NATH RANJAN SON OF SRI BALKARAN RAM, RESIDENT OF VERMA LODGE ROOM NO.3, P.S. SULTANJANJ, DISTRICT PATNA. 4. IMRAN KHAN, SON OF MD. EKHLAQUE KHAN, RESIDENT OF SANDHYA APARTMENT, RAMNA ROAD, P.S. SABJIBAGH PIRBAHORE, DISTRICT PATNA. 5. WASIM AKRAM, SON OF MD. NASRUDDIN ANSARI, RESIDENT OF VILLAGE BINDEAL, P.S. GOREA KOTHI, DISTRICT SIWAN. 6. IBRAHIM ALAM SON OF AFTAB ALAM, RESIDENT OF MOHALLA NAYATOLA SAPNA APARTMENT, P.S. PIRBAHORE, DISTRICT PATNA. 7. SHADAB ANWAR SON OF MD. SAUF ANSARI, RESIDENT OF MUSTAFA NAGAR NEAR MICRO WARE SAHARSA, P.O. SAHARSA, P.S. SAHARSA DISTRICT SAHARSA. 8. SYED ZAFFAR ALAM SON OF SYED SHARFO ALAM, RESIDENT OF S.K. TEA LANGARTOLI, P.S. PIRBAHORE,DISTRICT PATNA. 9. NASHI AHMAD SON OF SAMIM AHMAD, RESIDENT OF MOHALLA BHAWAR POKHAR, P.S. PIRBAHORE, DISTRICT PATNA. 10. MD. ADEBUR RAHMAN, SON OF MD. FAIZUR RAHMAN, RESIDENT OF MOHALLA KATHALBARI(NEAR MASZID), P.S. UNI DARBHANGA, DISTRICT DARBHANGA. 11. MD. ASRARUL HAQUE, SON OF MD. TAHIR HUSSAIN, P.S. ALAMGANJ, DISTRICT PATNA--------PETITIONERS. Versus 1. MAGADH UNIVERSITY THROUGH THE REGISTRAR, MAGADH UNIVERSITY BODH GAYA. 2. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BOTH GAYA. 3. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA. 4. THE CONTROLLER OF EXAMINATION, MAGADH UNIVERSITY, BODH GAYA. 5. THE OFFICER ON SPECIAL DUTY, TECHNICAL, MAGADH UNIVERSITY, BODH GAYA. 6. THE DIRECTOR, MAULANA AZAD COLLEGE OF ENGINEERING AND TECHNONOGY, PATNA-------RESPONDENTS. For the Petitioners : M/S Ajay Kumar Thakur, Md. Imteyaz Ahmad, Babita Kumari, Advocate. For the University : Mr. Sarvesh Kumar Singh, Advocate. For the College : Mr. M.A. Shamshi, Advocate. ----------- 08. 06.07.2009 Heard learned counsel for the petitioners and the State. - 2 - 2. Petitioners of both the application are the students of Maulana Azad College of Engineering and Technology, Patna (hereinafter referred to as “the College”). They were admitted in the College in the year, 2004. Present application has been filed for a direction to the College and the Magadh University, Bodh Gaya(hereinafter referred to as “the University”) to permit them to appear in the third year B.Sc. Engineering examination as in the said examination they are not being permitted to appear as according to the College and the University they have failed in three subjects of Part-I or Part II examination and until they cleared all papers of Part I and II examination, they cannot be allowed to appear in the third year examination. Such action of the university is being objected to by the petitioner with reference to Clause 12 of the Regulation for the Bachelor of Science(Engineering), Bachelor of Technology(Production Engineering) and Bachelor of Architecture Examination, 1977(hereinafter referred to as “the Regulation”), copy whereof has been produced before this Court by the University by filing counter affidavit. Relevant Clause 12 of the said Regulation is quoted hereinbelow for ready reference:- “ 12. (i) If at any examination a candidate passes in sessional work but fails in not more than three - 3 - subjects he may be promoted to the next higher class. Such candidate shall be required to appear and pass in the written papers of the subject(s) in which he has failed in the next examination along with the subjects of the next higher class. If he fails in more than three subjects he may appear as non-collegiate candidate in the subsequent examination, but shall have to appear in all the subjects. If he fails in sessional work he has to take readmission. (ii) If a candidate promoted as in (i) above passed in all the papers(or fails in 3 papers or less) and also passes in sessional work of the higher examination, but does not pass the lower examination, his result of the higher examination shall be withheld till he is declared to have passed the lower examination. However he has the option of appearing in all the papers of the higher class as in (i) above again.” 3. From Sub-Clause (i) of Clause 12 of the Regulation it appears that those examinees who have failed in three or less subjects in Part I has to be promoted in Part II. From Sub-Clause (ii) of Clause 12 of the Regulation it appears that if a candidate has even failed in three or less subjects in Part II then he has to be promoted in Part III, but his result of Part III has to be withheld. It thus, appears to this Court that the - 4 - examinees are allowed to be promoted to Part II and Part III even if they fail in three or less subjects but their result has to be withheld until they pass in all the subjects. According to the petitioners when they had filed this writ application they had passed in the subjects in which they had earlier failed in Part I and II, as such, they ought to have been allowed to appear in Part III examination and in terms of the interim order petitioner Md. Shaher Yaar was allowed to appear in the third year examination but the petitioners of C.W.J.C. No. 3707 of 2009 in spite of the interim order could not be allowed and there should be a special examination for them. 4. I regret not to allow such prayer to direct the College and the University to hold special examination for those who had once failed in three or less subjects. However, I permit the petitioners of C.W.J.C. No. 3707 of 2009 to appear in the subsequent examination in the third year as per the provisions contained in Sub-Clause (i) and (ii) of Clause 12 of the Regulation as admittedly they had failed in three or less subjects in Part I or Part- II. Present order has been passed taking into note the two sub-clauses of Clause 12 of the Regulation, which entitles the student to appear in the examination of the next higher class even if he fails in three or less subjects in the earlier year. - 5 - 5. Accordingly, both the writ applications are disposed of with direction to the College to honour the contents of both the Sub-Clauses of Clause 12 of the Regulation and permit the petitioners and others to appear in the examination of the Second/Third year even if they have failed in three or less subjects in terms of the Regulation itself. The result of the third year examination has not to be declared until the examinees clear all the papers of the earlier years up to third year and they can appear in the 4th year only after he has cleared all the subjects of all the earlier years. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha,J.)