SARFARAZ AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, for the University and for respondent Nos. 1 and 2. The petitioners are students of the Maulana Azad College of Engineering and Technology and R. P.S. Engineering and Technology, Danapur, Patna in the B.Sc. Engineering Course under the Magadh University.

(2.) They have failed in more than three papers in their second year of examination and are, therefore, aggrieved by denial of permission for admission to the third year course.

(3.) THE thrust of the argument is that earlier by framing transitory regulations approved by respondent No.1 on 16.8.2005 such examinees were permitted to be promoted from 2nd year to the 3rd year notwithstanding that they had failed in more than three papers. In fact, some of the present petitioners who failed to clear more than three papers in the 1 st year came to this Court in C.W.J.C. No. 5871/07, disposed on 7.5.2007. This Court noticing the order of respondent Nos. 1 and 2 dated 25.2.2006 referred to above, directed the Vice -Chancellor of the University to consider if it was permissible in accordance with the instructions of the Chancellor contained in the said letter and if it be so, to permit them to appear in part -2 of the engineering course. The petitioners then appeared at the 2nd year examination having failed in more than three papers in the 1st year examination when appropriate orders in that regard were passed on 1.10.2007.