IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4333 of 2010 1. KALESHWAR NATH TIWARI son of Sri Baidnath Tiwari, C/o Jainath Singh, Fatehpur Niwas Saidpur, Lane No. 1 (Kachri Gali), P.S. Kadamkuan, District Patna 2. Firoz Alam, son of Md. Yunus Alam, House No. 142, Taj Nagar, Phulwarisharif, P.S. Phulwarisharif, District Patna ……………Petitiners Versus 1. THE MAGADH UNIVERSITY, through the Registrar, Magadh University, Bodh Gaya 2. Vice Chancellor, Magadh University, Bodh Gaya 3. Controller of Examination, Magadh University, Bodh Gaya 4. The Officer on Special Duty, Technical, Magadh University, Bodh Gaya 5. The Director, R.P.Sharma Institute of Technology, West Bailey Road, Patna ……….Respondents ----------- 2. 16.03.2010 Heard learned Counsel for the petitioners and the learned Counsel for the State as also the learned Counsel for the University. The petitioners are student of B.Sc. Engineering. They seek relief for permission to appear at the B.Sc. Engineering Part IV Examination for the academic session 2007-2008. The petitioners are stated to have certain pending papers un-cleared for the previous years. The results of the same are awaited and for which reason they are not being permitted to fill up forms for Part IV examination. Learned Counsel for the University submits that question of filling up forms for Part IV examination arises only after the petitioners are granted admission to Part IV course in accordance with law. If the petitioners have already appeared in the remaining papers of the previous years and the results are awaited it is the obligation of the University to publish results in time and consequences thereof cannot be vitiated by denial of admission to the petitioners in Part IV on that ground. Counsel for the University fairly submits that if publication of result if withheld by the University it is obliged to publish the same expeditiously preferably within a period of one month from the date of receipt/production of a copy of this order. The petitioners are permitted to take admission in Part IV of the course and to fill up fees and forms for the examination conditionally. Counsel for the University submits that the issues may arise with regard to percentage of attendance etc. for admission to Part IV and for appearing at such examination of Part IV. The matter is referred to the Vice Chancellor of the University who shall examine the aspect of delay in publication of the results within a maximum period of six weeks from the date of receipt/production of a copy of this order. For the period that the results may not have been published by the University the petitioners cannot be visited with the consequences of lack of attendance. The aspect of requirement for attendance has to be balanced with the obligation of the University for publication of the results also. In any view of the matter, any admission granted to Part IV or permission to appear in the examination shall remain subject to the obligation of the petitioners to clear all their earlier papers failing which the University shall have the authority to act in accordance with law with regard to non- publication of their results. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)