Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15322 of 2013 ====================================================== Navin Kumar S/O Sri Bhubneshwar Mahto Resident Of Village - Belasimari, P.S. Khagaria, District - Khagaria .... .... 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.17523 of 2013 ====================================================== Rishaba Maurya S/O Sri Amol Kumar Sah Resident Of Village- Murliganj, Police Station- 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.17464 of 2013 ====================================================== Ashish Kumar, S/O Bindeshwari Prasad Mandal, Resident of Mohalla- Sastrinagar, 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 Of Examination, B.N. Mandal University, Laloo Nagar, 2
Legal Reasoning
Patna High Court CWJC No.15322 of 2013 (3) dt.30-09-2013 2 / 5 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.18509 of 2013 ====================================================== Md. Zeyauddin, S/O Md. Nehaluddin, Resident of Mohalla- Ara, P.O. + P.S.- Nawada, District- Bhojpur. .... .... 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
Legal Reasoning
.... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Sanjeev Kumar No.1, Advocate (in all cases) Mr. Shamshad Alam, Advocate For the University : Mr. Abhya Kumar, Advocate (in all cases) S.C. B.N.M.U. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 3 30-09-2013
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. The writ petitioners had earlier claimed to have approached this Court by filing writ petitions which have been appended as Annexures 4, 5 and 6 series when they have failed in more than three papers in the 1st year test. Petitioners are students 3 Patna High Court CWJC No.15322 of 2013 (3) dt.30-09-2013 3 / 5 of Millia Institution of Technology. They were admitted in academic Sessions 2009-2013 for different Engineering Courses. When they have failed in more than three papers in the 1st year test, they had approached this Court by filing the writ petitions which have been disposed of vide Annexures 4, 5 and 6 series permitting them to promote to higher grade and thereafter, they claimed to have been allowed to be promoted in 2nd year and then 3rd year and 4th year. However, they have not been able to clear all the back logs. For example, the petitioner of C.W.J.C. No.15322 of 2013 did not clear one of the paper of 2nd year, petitioner of C.W.J.C. No.17523 of 2013 could not clear one paper of the 1st year, petitioner of C.W.J.C. No.17464 of 2013 could not clear one paper of the 1st year and petitioner of C.W.J.C. No.18509 of 2013 did not clear two papers of 2nd year. It is submitted that as per the direction of this Court they were allowed to be promoted in the next classes. Learned counsel has placed reliance upon the Regulation 12 of the Examination Regulation concerned, a copy of which has been produced at the time of hearing, to impress upon this Court that a student having failed not in more than three papers in the earlier grade should be promoted in the next higher grade and thereafter, he would have to clear the back log along 4 Patna High Court CWJC No.15322 of 2013 (3) dt.30-09-2013 4 / 5 with examination of that year. In above view of the matter, it is submitted that since all the back logs of the writ petitioners of the aforesaid four writ petitions is of one paper or maximum of two papers and admittedly less than three papers, they were allowed to be promoted in the 4th year and they had studied and appeared in the terminal and internal examinations etc. and have pursued their studies. Thus, they should be allowed to appear in the 4th year examination and also in the examination of previous years which is going to be held along with aforesaid examinations for clear their back log papers as stated above. This Court has already allowed such writ petitions of the writ petitioners of C.W.J.C. No. 15306 of 2013 vide order dated 27.9.2013 passed in the case of Salma Aasia and other analogous matters. In view of the fact that at the earlier occasion, at the strength of an order passed by this Court, they were allowed to be promoted in the next class even after having failed in more than three subjects, in my considered opinion, it would be meaningless now to detain them now and not give them opportunity to clear the back log along with final year examination. As a result, all the writ petitions are allowed and the 5 Patna High Court CWJC No.15322 of 2013 (3) dt.30-09-2013 5 / 5 University concerned is directed to allow the petitioner to appear in the 4th year examination and also in the examination for the respective subjects which are yet to be cleared if that is being conducted along with examination of final year. However, their results would be published only if they are able to clear all the back log along with the 4th year examination, otherwise they would be detained. It is made clear that this order has been passed in the peculiar facts and circumstances of this case and would not be cited as a precedent. N.H./- (Dr. Ravi Ranjan, J)