IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22287 of 2011 Md.Kamal Rasid Saba Versus The State Of Bihar & Ors ---------------------------------- 2. 16.12.2011 Heard learned Counsel for the petitioner and the respondents. The petitioner is stated to be a student of Milia Polytechnic, Rambagh, Purnea in the Mechanical Engineering Course. He is aggrieved by the denial of permission to sit in the 6th Semester examination and refusal to accept his fees and forms on the ground that he has not cleared papers of Survey and Management of the 2nd Semester, Learned Counsel for the petitioner submits that the petitioner has not been provided an opportunity to appear at the subsequent 2nd semester examination. His entire career is at stake. Strong reliance is placed on an order of this Court in CWJC No. 18809 of 2011 granting relief on grounds of equity. Learned Counsel for the respondents opposes the application to submit that Clause 3 of the General Rules for Diploma in Engineering/Technology Examination (Six Semester) effective from Session 2008-09, approved by the General Body of the State Board of Technical Education, Bihar, prohibits a candidate from appearing at the 6th Semester Examination unless he/she has cleared all papers of the 2nd Semester. The writ petition in its pleading at para 6 is too perfunctory. It does not state at which subsequent examination of the 2nd Semester the petitioner desired to appear for clearing the remaining paper, on what date it was held and in what manner the petitioner was denied permission to appear. If what the petitioner contends is correct, he 2 could surely have disclosed the date and then he could surely followed the matter with a grievance that he was illegally denied opportunity to appear. The regulation in no uncertain terms states that he cannot be permitted to appear in the 6th Semester unless he has passed all papers of the 2nd Semester. If the regulation prohibits the Court cannot grant relief on sympathy or otherwise in teeth and contrary to stipulations contained in the regulation. It does not appear from the order in CWJC No. 18809 of 2011 that the regulations governing the examination and the relevant provisions thereof as noticed presently was brought o the attention of the Court. The relief came to be granted on equity. Equity follows the law and not vice versa. The writ application is dismissed. Snkumar/- (Navin Sinha,J.)