IN THE HIGH COURT OF JUDICATURE AT PATNA
[FULL BENCH]
ASHUTOSH KUMAR, NANI TAGIA, and PARTHA SARTHY, JJ.
CWJC Nos. 8271 of 2021 with 10252 of 2012; 13379, 22992 of 2018; 14326, 17350, 20754, 23017, 24625, 24828, 25306 of 2019; 2813, 3235, 4677, 6467 of 2020; 48, 4118, 6568, 6716, 9920, 11489, 14509, 14863, 14902, 17183, 17203, 17668, 17982, 18300, 18556, 19778, 20061, 20226, 20301, 20590, 20738 of 2021 and 1589, 4196, 4400, 4616, 5569, 5749, 6379, 7818, 13615, 14871,
15896 of 2022
(28.6.2024)
Pushpa Kumari (in 8271)
Sangeeta Kumari (in 10252)
Mushabbir Alam (in 13379)
Subhash Yadav (in 22992)
Raziya Khatun (in 14326)
Sandip Kumar (in 17350)
Nupur Kumari (in 20754)
Neeraj Kumar (in 23017)
Rajeev Kumar Raj (in 24625)
Ashutosh Kumar Ashish (in 24828)
Rahul Paswan & Ors. (in 25306)
Rajiv Kumar (in 2813)
Dilnaz Perween (in 3235)
Pinki Kumari (in 4677)
Jyoti Rani (in 6467)
Dipak Kumar (in 48)
Mukesh Kumar (in 4118)
Ratan Kumar Sono (in 6568)
Priti Prena (in 6716)
Shashi Kumar Shashi (in 9920)
Indrajeet Kumar (in 11489)
Lucky Raj (in 14509)
Sunil Kumar Singh (in 14863)
Vivek Kumar (in 14902)
Amit Kumar (in 17183)
Sadhna Kumari @ Sadhana Kumari (in 17203)
Moni Kumari (in 17668)
Mukesh Kumar Sah & Ors. (in 17982)
Samima Khatun (in 18300)
Md. Abu Talib @ Mohammad Abu Talib @ Abu Talib (in 18556)
Sagufta Praven @ Sagufta Parween (in 19778)
Priyanka Kumari (in 20061)
Raginee Saraswati (in 20226)
Kamlesh Kumar Jha (in 20301)
Neha Raj (in 20590)
Dhiraj Kumar (in 20738)
Priyanka Kumari (in 1589)
Rajeev Kumar (in 4196)
Sajda Parveen (in 4400)
Ganesh Kumar Prabhat @ Ganesh Chandra Prabhat (in 4616)
Taskina Khatun (in 5569)
Monika Kumari (in 5749)
Ankita Kumari (in 6379)
Jyotsna Kumari (in 7818)
Suman Kumar & Ors. (in 13615)
Archana Kumari (in 14871)
Md. Kasid Alam (in 15896)
vs.
State of Bihar & Ors. (in 8271, 22992, 14326, 23017, 24828, 4677, 6467, 4118, 6568, 6716, 17183, 17203, 17668, 17982, 18300, 18556, 19778, 20226, 1589, 4196, 4400, 4616, 7818, 15896)
B. N. Mandal University & Ors. (in 10252, 17350, 20754, 24625, 25306, 2813, 25306, 9920, 11489, 14509, 14863, 14902, 20061, 20738, 5569, 5749, 6379, 14871 )
University Law – Regulation for Bachelor of Arts (General/Honrs.) Examination (three year degree course – Regulations 7 & 8 relating to B.N. Mandal University – A conjoint reading of Regulation 7 and 8 clearly specific that a student has to pass in all the three years but he could be promoted to the higher class, subject to his ultimately passing in earlier part – Regulation 8 provides the manner in which he would be admitted to a higher class – It clarified that a student is required to pass in the carry-over subject in three consecutive examinations – A regulation made by the University cannot be bypassed or ignored – Such students who did not pass in the respective papers in which they failed in three consecutive years or did not appear for three consecutive years, they ought not to have been permitted to appear in the examination in the first instance – This verification exercise should have been done by the Colleges and the University – Allowing a student to appear in the examination after giving him admit card would, in usual parlance, mean that the delay has been condoned by the University, regardless of the fact that there is no such provision for condonation of such delays in passing of the examination – However, taking into account of the career of the students and an expansive and liberal interpretation given by the Hon'ble "S.C. in several case, specially when it concerned the students pursuing a regular course/vocational course, henceforth, Admit Cards and permission to appear in the examination directed to be given to the students only after full verification whether they are eligible for writing the examination – However, regard being had to some uncertainty that a student might have faced when he was permitted to appear in the examination beyond the mandate of the regulation and he became successful, individual cases remitted to the University to hear out the petitioners and give them a further relaxation of three more years, but only subject to the condition that there was no wrong representation or fraud on their part – It is to be limited only to the writ petitioners and not to be followed in rem – Colleges/University directed to be careful in issuing Admit Card and for any breach of rules they will be accountable. (Paras 10, 11, 33, 34, 36, 37 and 39)
Sunil Kumar v. B.N. Mandal University, 2020 (4) PLJR 129; Mihir Kumar Jha Vs. B.N. Mandal University, (LPA No. 904 of 2014); Mihir Kumar Jha v. B.N. Mandal University, (CWJC No. 21660 of 2013); Sima Bharti Vs. State of Bihar, (CWJC No. 4605 of 2018); B.N. Mandal University Vs. Amit Pratap Roy, (LPA No. 1702 of 2015); Lovely Kumari Vs. B.N. Mandal University, 2004 (2) PLJR 519; Akhtar Imam Vs. B.N. Mandal University, 2002 (3) BLJR 1847; Shri Krishan Vs. Kuruksheta University, Kurukshetra, AIR 1976 (SC) 376; Rajendra Prasad Mathur Vs. Karnataka University, 1986 SC 1448; A. Sudha Vs. University of Mysore, AIR 1987 (SC) 2305; Sanatan Gauda Vs. Berhampur University, AIR 1990 (SC) 1075 – Referred.
Ashutosh Kumar, J.—A Batch of writ petitions of students of B.N. Mandal University (herein after referred to as University) had come up before a learned Single Judge of this Court, seeking a direction to the University to publish their results. Their results had been withheld for a variety of reasons; but primarily on the ground that they had not passed in the respective subjects within three consecutive examination.
2. The learned Single Judge examined Regulations 7 and 8 of the Regulation for Bachelor of Arts (General/Honors) Examination (three year degree course). The relevant Regulation Nos. 7 and 8 are being extracted here for ready reference and completeness.—
“7.1 There shall be University examination at the end of the first, the second and the third years of study to be known respectively as the B.A. (General/Honours) Part I Part II and Part III examination. No student shall be admitted to the B.A. (General) or B.A. (Honours) Part II class unless he has passed the B.A. (General) or B.A. (Honours) Part I examination and to the Part III class unless he has passed the Part II examination.
Provided that if a student fails in, or fails to appear at, not more than two subjects at the B.A. (General/Honours) Part I/II examination he shall be promoted to the next higher class but he shall not be eligible for admission to the B.A. (General) or B.A. (Honours) Part III class unless he has passed the B.A. (General) or B.A. (Honours) Part I examination in the subject/subjects concerned. Provided further that this facility for appearing in such carry over subject/subjects shall be available to a student at not more than three consecutive examinations.
7.2 If a student of the B.A. (Honours) course, after having passed the BA (Honours) Part 1 examination does not like to continue with the Honours course it shall be permissible for him to change over to the B. A. (General Course, in which case he shall be admitted to the B.A. (General) Part- II class and his honors and subsidiary subjects shall become his optional subjects and the marks secured in those subjects at the B.A. (Honours) examination shall be treated accordingly. Provided that the average of the marks secured in the Honours papers shall be treated as the marks secured in that optional subject.
8. Any registered student of the University may be admitted to the B.A. (General/Honours) Part 1, Part II or Part III examination if he produce a certificate from the Principal of a college of (a) good conduct (b) completion of regular course of study in the college by fulfillment of the prescribed requirement of attendance at lectures, tutorials and/or practical's and by satisfactory record of tutorial and/or practical and by satisfactory record of tutorial and/or practical work and (c) having passed the college test or any other equivalent examination, for making him eligible for the University examination.
Provided that a candidate who has failed at any of these examinations or having completed the regular course of study by fulfilling all the requirements is prevented from appearing at the examination for reasons accepted as adequate by the Principal of the college and who has not joined a college again, may appear as a non-collegiate student at and up to three immediately following examinations without attendance at lectures and tutorials if he produces a certificate from the Principal of the college where he completed his regular course of study stating that nothing is known to the Principal against his moral character, and if such a candidate has offered any subject or subjects for which a practical examination is prescribed, other than Music and Home Science, also a certificate of having taken again a course of practical work at the college in each such subject for at least, 16 periods, along with his application for admission to the examination.
Provided further that if a candidate for the B.A. (General/Honours) Part III examination has passed in other subjects/subjects and failed to
The court emphasized that the proposition that the University is precluded from holding back a result of a candidate if allowed to sit and participate in the examination is not of universal applicati....
Educational institutions cannot withhold results based on procedural errors after allowing students to take examinations, emphasizing the need for adherence to statutory obligations.
The absence of specific rules/regulations/guidelines regarding clearing remaining papers in subsequent annual examinations and the petitioner's legitimate expectation to clear only the remaining pape....
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