IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7928 of 2008 1. WASI AHMAD son of late Md. Akhtar Hussain, resident of village- Sikhta Deoraj, P.S. Lauriya,District- West Champaran. 2. Md. Neyaz Ahmad son of Md. Nazim, resident of village- Chamandiha,P.S. Nawada,District- Nawada. 3. Md.Tanveer Azam, son of Md. Mohiuddin, resident of village- Kako,P.S. Jehanabad,District- Jehanabad. 4. Sudhir Kumar Kushwaha son of Sri Vishwanath Kushwaha, resident of village- Sikhta Deoraj, P.S. Lauriya,Distict- West Champaran. Versus 1. THE HON'BLE CHANCELLOR, Raj Bhawan, Baily Road,Pana. 2. Officer on Special Duty attached in office of the Hon’ble Chancellor, Raj Bhawan, Baily Road,Patna. 3. Magadh University through its Registrar,Bodh Gaya,District- Gaya. 4. Controller of Examination, Magadh University, Bodh Gaya,District-Gaya. 5. Director, R.P.S.Institute of Technology,Baily Road,Patna. ----------- 6 22.12.2008 Petitioners are the students of B.Sc Engineering of Magadh University. They failed in seven subjects out of eight in the first year examination and consequently were not promoted to second year. The present writ petition has been filed for issuance of a direction to the respondent- Vice Chancellor to act consistently with the past practice of making recommendation to the Chancellor to promulgate transitory regulation permitting the students of this batch to be promoted. The past practice was failure up to six papers out of eight . In my view, no such direction can be issued by this Court. I may also clarify that the power of Chancellor to issue transitory regulation to fill up a gap, which has been left. It is not to be used for the purposes of amending and existing legislation in the - 2 - shape of Regulation or Ordinance. Once Regulation and Ordinance are issued, they can only be superseded or amended or varied by the procedure by which they have been made and not by resorting to the power to issue transitory regulation as vested in the Chancellor.It would clearly be causing abuse of power if provision of Transitory Regulations are issued by the Chancellor. It may be clarified that in case there is any difficulty in implementation of any regulation/ ordinance under the Act, the difficulty has to be resolved by resorting to the regulation or ordinance amending the power and not by Transitory Regulation. Thus, the writ petition merits no consideration and is dismissed as such. singh (Navaniti Pd. Singh)