IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12972 of 2011
1. Akhlaqur Rashid SONOF ABDUR RASHID RESIDENT
OF JAI SINGHPUR, P.S. TURKAULIA, DISTRICT EAST
CHAMPARAN.
2. MD. MUSTZAB HUSSAIN SON OF MD. RAHMAN
HUSSAIN RESIDENT OF BHARATPURA, P.S. DULHIN
BAZAR, PATNA.
3. SABAUR RAHMAN SON OF FAZLUR RAHMAN
RESIDNET OF MOHALLA NAYA TOLA, P.S. BETTIAH
TOWN, WEST CHAMPARAN.
4. MD. IMTIYAZ ALAM SON OF ABDUL MAZID,
RESIDENT OF MOHALLA KOSI COLONY
NARPATGANJ, P.S. NARPATGANJ, ARARIA.
5. SIDDIQUE TAUSEEF AHMAD SON OF SHAFI AHMAD
SIDDIQUI, RESIDENT OF NARIPUR, P.S. KAZI
MOHAMMADPUR, MUZAFFARPUR.
6. MD. FAZAL ALI SON OF MD. JAHANGIR QURAISHI
RESIDENT OF MINAPUR CHOUHARY BAZAR, P.S.
HAJIPUR, DISTRICT VAISHALI.
7. UTPAL KUMAR SON OF SRI UPENDRA NATH SAH
RESIDENT OF MOHALLA NAUZER GHAT, P.S.
KHAJEKALAN, PATNA.
8. SHARAD KUMAR SON OF SRI RAVI KUMAR
JAISWAL, RESIDENT OF MOHALLA KILLA, P.S.
SASARAM, DISTRICT ROHTAS.
9. RAUSHAN KUMAR SINGH SON OF NARENDRA
KUMAR SINGH RESIDNET OF PASTAN TOLI, P.S.
ANDHRA THADI, DISTRICT MADHUBANI.
Versus
The Magadh University & Ors
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2 12/08/2011 There are nine petitioners. All of them were
supposed to be the students of what is known as R. P.
Sharma Institute of Technology, Bailey Road, Patna, an
affiliated college under Magadh University, Bodh Gaya.
The reason for the petitioners to approach the
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High Court is that the result for the 3rd year examination
has not been declared by the University till date. Classes
for the 4th year have started and they are not being
permitted to pursue their studies on the ground that their
results have not been declared.
The Court fails to understand as to why the
concerned College is taking a rigid stand on the issue
when declaration of result has nothing to do with the
petitioners. If delay is being caused at the level of the
College or University concerned, these petitioners cannot
be compelled to suffer.
This writ application is disposed of with a
direction upon respondent no. 5, the Director, R. P.
Sharma Institute of Technology, Patna, that the
petitioners would be permitted to take admission in the
4th year and attend their classes subject to the result of
the third year. It is made clear that mere grant of
permission to the petitioners for taking admission itself
does not create any right in their favour because their
right will be dependent upon their performance in the
examination on declaration of the result and the
concerned regulation relating thereto.
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This writ application stands disposed of with the
direction aforesaid.
AMIN/ (Ajay Kumar Tripathi, J.)