IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18558 of 2011 Amnah Hijab Ali Ali Mazhar Ahsan Resident Of Mahdauli, P.S- Laheria Sarai, Dist-Darbhanga ……………… Petitioner Versus 1. B.N.Mandal University Laloo Nagar, Madhepura Through Its Vice Chancellor 2. The Vice Chancellor, B.N.Mandal University, Laloo Nagar, Madhepura 3. The Registrar, B.N.Mandal University,Laloo Nagar, Madhepura 4. The Controller Of Examination, B.N.Mandal University, Laloo Nagar, Madhepura 5. The Millia Institute Of Tecnolgy, Rambagh,Purnea Through Its Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea ……………… Respondents ---------------------------------- 02. 29.11.2011 Petitioner is a student, pursuing her studies in the fourth year of Bachelor of Technology Course from the College, what is known as Milia Institute of Technology, Rambagh, Purnea. She sat for the third year examination in all the papers, where for almost a year, the result was not declared for the entire batch. The delay in declaration of result seems to be the cause for the respondents-authorities to allow the students, including the present petitioner to continue her studies for the fourth year. It is only on the verge of conclusion of the session for the fourth year that the result for the third year has been declared where the petitioner has been found to have been failed in four papers. The University is now resisting the claim of the petitioner to be permitted to sit in the examination for the fourth year. Submission of the counsel for the petitioner is that in similar circumstances, many a students have approached the High Court and they have been permitted to sit for 2 the fourth year examination subject to their clearing the papers in which the candidate had failed prior to declaration of the result for the fourth year. Next submission is that the petitioner has already sat for the third year papers in the examination conducted and she hopes that this time the results should be declared well in time. But, since the date fixed for forth year final examination has been fixed on 10th of December, 2011, waiting for the result may mar her prospect of sitting in the examination in question. Taking queue from the decisions, which have been rendered by various Benches of this Court, annexed in Annexures – 4 and 5 series, the University is directed to permit the petitioner to sit in the fourth year final examination to be conducted from 10th of December, 2011 with a rider that the declaration of the result for the fourth year will be subject to her clearing of third year papers. Writ is disposed of with the above direction. SKM (Ajay Kumar Tripathi, J.)