Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15306 of 2013 ====================================================== Salma Aasia D/O Amanullah Amin Resident Of Mohalla - Sohdih, P.S. Sohsarai, District - Nalanda .... .... 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 Technology, Rambagh, Purnea Through Its Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.15307 of 2013 ====================================================== Bakhteyar Abdullah S/O Safdar Raza Resident Of Mohalla - Sumali, P.S. Sherghati, District - Gaya .... .... 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 Technology, Rambagh, Purnea Through Its Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.18246 of 2013 ====================================================== Sepan Sachdeo S/O Sri Dhirendra Kumar Yadav Resident Of Mohalla- Gangapur, P.S- Murliganj, District- Madhepura. 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. .... .... Petitioner 2 Patna High Court CWJC No.15306 of 2013 (4) dt.27-09-2013 P2 / 9 4. The Controller Of Examination, B.N. Mandal University, Laloo Nagar, Madhepura. 5. The Millia Institute Of Technology, Rambagh, Purnea Through Its Director. 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea.
Legal Reasoning
.... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.18297 of 2013 ====================================================== Ravi Shankar Gupta S/O Sri Kumud Kumar Gupta Resident Of Mohalla - Sudhinchowk, Tatmatohi, P.S. K. Hat, District - Purnea .... .... 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, B,N.Mandal University, Laloo Nagar, Madhepura 5. The Milli Institute Of Technology, Rambagh, Purnea Through Its Director 6. The Director, The Milli Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.18640 of 2013 ====================================================== Rahul Kumar, S/O Sri Ramdeo Paswan, Resident of Mohalla- B.P.P.S, P.S.- Begusarai, District- Begusarai. .... .... 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 Technology, Rambagh, Purnea Through Its Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.18832 of 2013 ====================================================== Md. Nadeem Nehar, S/O Md. Nehar, Resident of Village- Model Colony Asanand Pur, P.O. + P.S.- Tatarpur, District- Bhagalpur. Versus .... .... Petitioner 3 Patna High Court CWJC No.15306 of 2013 (4) dt.27-09-2013 P3 / 9 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 Technology, Rambagh, Purnea Through Its Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.19092 of 2013 ====================================================== Ashish Ranjan, S/O Upendra Prasad Yadav, Resident of Village, Raibhir, P.S.- Shankarpur, District- Madhepura. .... .... 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 Technology, Rambagh, Purnea Through Its Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.19155 of 2013 ====================================================== Dharmvir Kumar S/O Ramotar Prasad Yadav Resident Of Mohalla - Dhanchhoha, P.S. - Sour Bazar, District - Saharsa .... .... 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 Technology, Rambagh, Patna Through Its Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.15330 of 2013 ====================================================== 4 Patna High Court CWJC No.15306 of 2013 (4) dt.27-09-2013 P4 / 9 Avinash Kumar S/O Sri Amrendra Kumar Resident Of Village - Nadhi, P.O. Murho, P.S. Madhepura, District - Madhepura .... .... 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 Technology, Rambagh, Purnea Through Its Director 6. The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.15358 of 2013 ====================================================== Mukesh Kumar S/O Sri Upendra Narayan Yadav Resident Of Mohalla - Sripur, P.S. - Madhepura, District - Madhepura .... .... 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 Technology, Rambagh, Purnea Through Its Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.15380 of 2013 ====================================================== Ashish Ranjan S/O Sri Naresh Kumar Resident Of Mohalla - Ward No. 3, Anand Bihar, P.S. - Madhepura, District - Madhepura .... .... 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 Technology, Rambagh, Purnea Through Its 5 Patna High Court CWJC No.15306 of 2013 (4) dt.27-09-2013 P5 / 9 Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.15388 of 2013 ====================================================== Arti Kumari D/O Umesh Prasad Singh Resident Of Village - Gamariya, P.S. Murliganj, District - Madhepura .... .... 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 Technology, Rambagh, Purnea Through Its Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.17843 of 2013 ====================================================== Prabhash Ranjan, S/O Ramesh Chandra Mishra, Resident of Village- Fakharpur, P.S. Arwal, District- Gumla. .... .... 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 Technology, Rambagh, Purnea Through Its Director 6. The Director, The Millia Institute Of Technology, Rambagh, Purnea .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Sanjeev Kumar, Advocate (in all cases) Mr. Shamshad Alam, Advocate For the University : Mr. H.P. Singh, Senior Advocate (in all cases) Mr. Abhya Kumar, Advocate Mr. Arbind Kumar, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN 6 Patna High Court CWJC No.15306 of 2013 (4) dt.27-09-2013 P6 / 9 ORAL ORDER 4 27-09-2013
Decision
Issue involved in all the writ petitions being identical, all of them have been heard together and are being disposed of by a common order. Through these writ applications, the petitioners seek direction to the B.N. Mandal University to permit the petitioners to appear in the fourth year examination of Bachelor of Technology Course as the petitioners had already been admitted in the fourth year and had regularly attended the classes. It is claimed that the petitioners have cleared all internal examinations/tests to the satisfaction of all the concerned. It is contended that the petitioners who could not clear more than three papers in the examination of first year earlier, have also cleared all their papers of first year in the third attempt, therefore, they should now be allowed to appear in the 4th year examination. Learned counsel appearing for B.N. Mandal University has submitted that the petitioners, having failed in more than three subjects in the 1st year examination, in view of Regulation-12 of the Regulation and Scheme for B.Tech. (Engineering) Examination, were required to appear in all subjects in the subsequent year as non-collegiate candidates. That having 7 Patna High Court CWJC No.15306 of 2013 (4) dt.27-09-2013 P7 / 9 not been done they could not be allowed to appear in the 4th year examination. However, this is an admitted position that the petitioner along with others, after having failed in more than three subjects, had approached this Court by filing writ petitions. A Single Bench of this Court vide its order passed in C.W.J.C. No.14143 of 2011 as well as C.W.J.C. No.9396 of 2011, copies of the order having been appended as Annexures 4 and 5 series, had allowed the petitioners to sit in the examination of 2nd year in view of the fact that the petitioners were already promoted to 2nd year and were allowed to attend the classes. It has been observed that even though regulations are at place but in view of the fact that the students have been allowed to pursue their education for almost a year in the next higher grade, the whole year cannot be allowed to vanish in such a manner. Learned counsel has also placed reliance on the order of a Division Bench of this Court dated 4.5.2009 passed in L.P.A. No.466 of 2009 by which the Division Bench has held that, in view of the judgment dated 3.10.2007 passed in C.W.J.C. No.9431 of 2007, the students who have failed in more three papers but less than six papers could be allowed benefit to be promoted in the higher grade. 8 Patna High Court CWJC No.15306 of 2013 (4) dt.27-09-2013 P8 / 9 In present cases, though it is true that the petitioners failed in more than three subjects but less than six subjects, however, in view of the order passed by this Court, they were allowed to be promoted in second year. They could not clear the entire back log of papers even in second time, however, since they failed in less than three papers of first year in the examination which was held along with second year examination, they were allowed to be promoted to 3rd year also and had completed the classes. They were again allowed to sit in the examination of the 3rd year and were also allowed to clear the back log of first year papers which they had eventually cleared in the 3rd attempt and thus, were also allowed to be promoted in fourth year. Thereafter, they have studied in the fourth year and had appeared in tests, terminals or internal examination etc. In such event this Court does not think it proper that now after having cleared all the papers of all the subjects of the preceding years, i.e., first year, second year and 3rd year, now in view of the technical lacuna which had occurred in the examination of first year, they should not be allowed to appear in the examination of fourth year which is final year as they were allowed to pursue there study even after having failed in more than three papers in view of the direction of this Court contained in the order appended as Annexures 4 and 5. 9 Patna High Court CWJC No.15306 of 2013 (4) dt.27-09-2013 P9 / 9 In above view of the matter, I direct the respondent- University to permit the petitioners to appear in the 4th year (final year) examination, if they have already cleared all the papers of all the subjects of first year, second year and third year and if they were allowed to be promoted and study in the fourth year. All the writ petitions stand allowed to the extent as indicated above. N.H./- (Dr. Ravi Ranjan, J)