IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4433 of 2009 Sudha Kumari, D/o Ramji Prasad Sinha, resident of village- Dhanawan, P.S. Parwalpur, District Nalanda Versus 1. The Vice-Chancellor, Magadh University, Bodh Gaya 2. The Examination Controller, Magadh University, Bodh Gaya 3. The Principal, M.M. College, Chandi, P.S. Chandi, District Nalanda ----------- 03/ 12.08.2009 Heard learned counsel for the petitioner and the counsel for the Magadh University, Bodh Gaya (hereinafter referred to as the University), who has not chosen to file counter affidavit, although opportunity to file the counter affidavit was allowed by this Court under order dated 10.4.2009. In the circumstances, prayer made in the writ application has been considered in the light of the pleadings made in the writ application. 2. Petitioner took admission in B.A. (Hons.) Hindi Course for the Session 2003-06 in M.M. College, Chandi, which is the affiliated unit of the University. He appeared in the B.A. Part-I (Hons.) Examination, 2004 held in the month of July, 2004 but failed in the Hons. Paper, however, was promoted to B.A. Part-II (Hons.), as would appear from the marks-sheet dated 14.6.2005, Annexure-1 and thereafter he cleared B.A. Part-I (Hons.) paper in the B.A. Part-I (Hons.) Examination, 2005 held in the month of July, 2006, as would appear from the marks-sheet dated 22.9.2006, Annexure-1/1. Later, petitioner passed B.A. Part-II (Hons.) Examination, 2005 in Hindi held in the month of July, 2006, as would appear from the marks-sheet dated 9.11.2006, Anneuxre-2. Having cleared all the papers of 2 the Pass Course as also Hons. Course of B.A. Part-I and II, he desired to appear in B.A. Part-III (Hons.) Examination, 2009, but was not allowed to fill up the forms on the ground that he failed to pass the course within six years from the date of his first examination. 3. Learned counsel for the petitioner, with reference to the Examination Regulation as contained in Annexure-3/1, submitted that in view of the note appended to the Regulation, a student is allowed the liberty to clear the examination of the 1st year to 3rd year within a period of six years from the first examination and as the petitioner appeared in the 1st examination in July, 2004, he should be allowed the liberty to appear in the examination until July, 2010, however, ignoring the note appended with the examination regulation, petitioner was erroneously not permitted to fill up the forms for B.A. Part-III (Hons.) Examination, 2009. 4. Having heard counsel for the parties as also having noticed the facts of the case that the petitioner appeared in B.A. Part-I (Hons.) Examination 2004 held in July 2004 as also having considered the note appended to the Examination Regulation, I direct the University and the College concerned to permit the petitioner to fill up the form for appearance in the next B.A. Part-III (Hindi Hons.) Examination and with this direction, this writ application is disposed of. Arjun/ ( V.N. Sinha, J.)