JUDGMENT 1. The petitioner had joined St.Joseph's Engineering College, Mangalore first respondent herein for the study of B.E. (Information Science) for the academic session 2011-2012. The said college is affiliated to the second respondent-University. The course in question consists of four academic years duration divided into eight semesters. 2. The petitioner had appeared for the first semester examination in December, 2011. In the subject 'physics', he has obtained 6 marks in internal assessment and 21 marks in the external examination. Thus, he has obtained 27 marks. For a pass, he has to secure 50 marks out of 125, out of which he has to secure minimum of 35 marks in the external examination. Since he has secured total of 27 marks, he failed in the said examination. Again, he has appeared for the examination in the said subject in June, 2012. He has secured 35 marks in the external examination. After adding 6 marks secured by him in the internal assessment, the total marks comes to 41 out of 125. Thus, he again failed in the said examination. Therefore, he filed W.P.No.26772/2013 seeking a direction to quash the result published on 20.12.2012 in the subject 'physics' of first semester. 3. He had joined the third semester pursuant to an interim order passed in W.P.No.51344/2012. 4. He filed W.P.No.21450/2013 seeking a direction to permit him to appear for the third semester examination of B.E.course and permit him to attend the classes of 4th semester B.E. course. 5. This Court passed an interim order on 14.6.2013 permitting him to appear for the supplementary Engineering Mathematics-III examination of third semester commencing from 17.6.2013 subject to the outcome of the writ petition. The respondents were directed not to announce the result of the supplementary examination until further orders. 6. Learned Counsel for the petitioner submits that petitioner has secured 35 marks in the external examination in the subject 'physics' of first semester examination held in the month of June, 2012. The respondents have not awarded proper marks in the internal assessment. That is how he has secured only 6 marks in the internal assessment. The college, therefore, has to make a fair valuation while granting marks in the internal assessment. The college ought to have awarded atleast additional 6 marks in the internal assessment. The respondents have not awarded proper marks in the internal assessment. That is how he has secured only 6 marks in the internal assessment. The college, therefore, has to make a fair valuation while granting marks in the internal assessment. The college ought to have awarded atleast additional 6 marks in the internal assessment. Therefore, the second respondent has to again evaluate his performance in the internal assessment of the subject 'physics' of first semester B.E. course and to declare his result accordingly. It is further argued that on account of incorrect evaluation of the performance of the petitioner in the internal assessment, he failed in the subject 'physics'. Therefore, his joining to the third semester has to be regularized. The result of the examination of the third semester of B.E.course taken by him pursuant to the interim order dated 14.6.2013 in W.P.No.21450/2013 requires to be declared. 7. On the other hand, learned Counsel appearing for the respondent-University submits that the college has forwarded the internal assessment marks obtained by the petitioner to the University. After adding the internal assessment marks and the external examination marks, the total comes to 41. Thus, he has failed in the subject 'physics'. It is further contended that he was not eligible to join the third semester course in accordance with the relevant Regulations of the University. Therefore, the result of the examination taken by him pursuant to the interim order cannot be declared. 8. This Court in W.P.No.51344/2012 disposed of on 16.4.2013 has considered the contention of the petitioner in relation to award of marks for the internal assessment of the subject 'physics' as under:- "8. After careful consideration of the respective contentions, I find that Regulation OB 4.3 mandates that average of the better marks obtained from any two tests shall be the internal assessment marks for the relevant subject. It is not in dispute in the present case that the petitioner-student has attended 4 internal assessment tests and the present test which is conducted by virtue of the interim order passed by this Court being the 4th one, the petitioner has secured 6 marks. Even if 4 marks as against question number 5 which is allegedly asked out of syllabus is to be added, then as per the Rule average of the better marks obtained in two tests shall have to be taken. Even if 4 marks as against question number 5 which is allegedly asked out of syllabus is to be added, then as per the Rule average of the better marks obtained in two tests shall have to be taken. Admittedly in the other internal assessment tests petitioner has secured the highest marks of 6. If the average of the two best internal assessment tests marks are taken, then it will come to 8. If the 8 internal tests marks are added to marks obtained in the theory paper (35), it will come to 43. As the petitioner falls short of 7 marks, he cannot be declared passed. Even assuming that he is entitled for 5 grace marks, even then he will fall short of the required pass marks. Therefore, there is no substance in the grievance made by the petitioner. Hence, no interference is called for in this writ petition." 9. The above finding has become final and binding on the petitioner. Therefore, question of considering the evaluation of the performance of the petitioner in the internal assessment of the aforesaid subject again does not arise. 10. It is also necessary to mention here that Regulation OB 4.2 provides for the award of internal assessment marks. Regulation OB 4.15 states that internal assessment marks shall reach the University before the commencement of examination. After the submission of internal assessment marks to the University, any request for change of internal assessment marks shall not be considered under any circumstance. It is also clear from Regulation OB 4.2 that the internal assessment test shall be answered in blue books with pages serially numbered. These blue books shall be kept in the custody of the Principal of the college until after one month from the date of announcement of the result by the University. These shall be made available to the University authorities for verification as per the directions of the Registrar (Evaluation)/Registrar. In the present case, the internal assessment for the first semester B.E. course was conducted during the month December, 2012. At this stage, it is not expected of the college to retain the blue books. 11. These shall be made available to the University authorities for verification as per the directions of the Registrar (Evaluation)/Registrar. In the present case, the internal assessment for the first semester B.E. course was conducted during the month December, 2012. At this stage, it is not expected of the college to retain the blue books. 11. Regulation OB 7.2 states that a candidate shall be eligible for promotion from an even semester to the next odd semester (i.e. to the next academic year) if the candidate has not failed in more than four heads of passing of the immediately preceding two semesters and has passed in all the subjects of all the still lower semester examinations. A theory or practical shall be treated as a head of passing. 12. As noticed above, pursuant to the interim order passed by this Court in W.P.No.44089/2012 on 5.12.2012, the college had conducted the internal assessment in 'Mathematics-1' and also in 'physics' paper on 14.12.2012. He has secured 6 marks in the internal assessment of Physics in the first semester B.E.course. After conducting the internal assessment, the college has forwarded the marks to the University. The result of the first semester was declared during January, 2012. He had failed in three subjects. In the June/July 2012 examination of first semester, he had appeared for four subjects and cleared two subjects and failed in one subject. In the second semester examination held in June/July, 2012, he had failed in four subjects. At the end of second semester i.e. during July, 2012, he had backlog of five subjects from first and second semester. Hence, he was not eligible to join the third semester during odd semester August, 2012. His admission to the third semester during August, 2012 cannot be regularized. Since his joining the third semester during August, 2012 is not in accordance with the Regulations, he is not entitled for declaration of the result of the examination taken by him pursuant to the interim order passed in W.P.No.21450/2013. 13. During January, 2013, he had cleared three subjects of second semester out of four subjects and eligible to get admitted to the third semester. Thus, he became eligible to join the third semester only during January, 2013. 14. It is to be stated here that the classes of the third semester B.E.course has already commenced in the month of August, 2013. Thus, he became eligible to join the third semester only during January, 2013. 14. It is to be stated here that the classes of the third semester B.E.course has already commenced in the month of August, 2013. I have taken a view that the petitioner was not eligible for admission to third semester B.E. course in August, 2012. The College has to permit him to join the third semester B.E.course, which has commenced in August, 2013. The college has to conduct special classes to the petitioner to make good the shortage of attendance, if any. 15. There is no merit in these writ petitions. They are accordingly dismissed subject to the observations made in paragraph 14 of the order. No costs.