CAV JUDGMENT In this writ application, the 19 petitioners have prayed for the following relief:- “1. That this writ application is being filed by the petitioner who are student of Netaji Subhas Institute of Technology Amhara Bihta, Patna for seeking indulgence of this Hon’ble Court to give the direction to the University i.e. Arya Bhatta Knowledge University, Patna to allow him to appear in IIIrd Semester B. Tech Examination going to be held on 16.1.2013 who are already fill the examination form for IIIrd Semester. I. Further pray to direct the respondents University accept his IInd Semester form for unclear paper.” 2. Learned counsel for the petitioners has submitted that the petitioners who are student of Netaji Subhash Institute of Technology, Amaraha, Bihta (Hereinafter to be referred to as ‘the college’) undergoing Bachelor in Technology course in the 2011-2015 session would be entitled for appearing in the 3rd semester of B. Tech examination scheduled to be held with effect from 16.1.2013, inasmuch as, all of them have appeared in 1st semester examination which was held in the month of January, 2012 and had also attended classes of the 2nd semester. According to the learned counsel for the petitioners, the result of the 2nd semester held in the month of August, 2012 was not properly prepared on the basis of the credit base semester system and, accordingly, a decision was taken in the meeting of Principal of Engineering Colleges affiliated to Arya Bhatt Knowledge University (hereinafter to be referred to as ‘the University’) to modify the result of the 1st and 2nd semester declared on 10.12.2012 and the petitioners, who had appeared in the 2nd semester examination, had in the meantime also started attending the class of 3rd semester. The further case of the petitioners is that the date of examination of the 3rd semester was notified but the petitioners were not being allowed to appear in the 3rd semester as they had not cleared the 1st semester examination for which the date was fixed for 16.1.2013 and was further extended to 5.2.2013. According to the learned counsel for the petitioners, in the final result published on 10.12.2012, none of the petitioners had secured five points under the semester grade point average and their Cumulative Grade Point Average (CGPA) being less than 5, they were not allowed to sit in the 3rd semester examination. According to the learned counsel for the petitioners, in the final result published on 10.12.2012, none of the petitioners had secured five points under the semester grade point average and their Cumulative Grade Point Average (CGPA) being less than 5, they were not allowed to sit in the 3rd semester examination. Learned counsel for the petitioners has also emphasized that though the petitioners have not secured 5 points as required to clear 1st year course under the Cumulative Grade Point Average (CGPA) but they are prepared to clear the papers of the 1st year so that they could secure 5 points under the CGPA. It has also been highlighted that if the petitioners are not allowed to appear in the 3rd year semester examination, their career will be jeopardized. 3. Mr. Lalit Kishore, appearing on behalf of the University, with reference to the regulation for the degree of Bachelor in Technology framed by the University, has submitted that it is the requirement of the regulation that one must secure at least 5 CGPA and if the CGPA at the end of the 2nd semester class is less than 5, the students will not be allowed to register in the 3rd semester. 4. In the considered opinion of this Court, once if is admitted that none of the petitioners had secured 5 CGPA as is clear from Annexure-6 containing the details of each of the petitioners, it has to be necessarily held that they do not fulfill the requisite condition under 5.5 & 5.6 of the Regulation which reads as follows:- “5.5. To be able to register in the semester a student must (i) secure “p” [Pass, grade point 5.0] or higher grade in at least 40 credits of prescribed courses, (ii) obtain minimum 25 marks out of 70 in the end semester examination in order to get “p”, (iii) If fails by maximum of 5 marks either in one subject or two subjects taken together, he/she may be given grade “P”, (iv) obtain a Cumulative Grade Point Average (CGPA) of not lower than 5 (considering all courses including those in which the student has secured an F (Fail) grade. The method for calculating SGPA and CGPA is illustrated in Clause 8.3(i). The method for calculating SGPA and CGPA is illustrated in Clause 8.3(i). If the CGPA at the end of the 2nd semester class is less than 5, the student will not be allowed to register in 3rd semester and resume it in the following year along with the next batch of students. In the repeat year, he must attend classes and be treated at par with fresh students. The B.Tech, programme must be completed within 7 years of the original admission. 5.6 While reinstating for 3rd, 5th or 7th semester, a student for backlog papers of 1st, 3rd or 5th semester respectively and while registering for 4th, 6th, or 8th semester, he/she may register for backlog papers of 2nd, 4th or 6th semester respectively. A student need not attend classes in papers registered as “backlog papers”. He has to sit for end-semester examination sonly and the grade will be awarded based on the scores of the latest examinations and previous mid semester Examination. The registration for backlog papers must be done at the time of semester registration. In all such cases of “backlog paper”, the grade awarded will be one step lower than what the student actually obtained, provided CGPA should not be less than 5 except for the grade “P” which remains unchanged. If a student has completed 8 semesters of study but has a few F grades in 7th semester still left, then he/she must clear backlog papers of 7th semester. The entire programme must be completed within 7 years.” 5. In the case of the petitioners there is no iota of doubt that they have not secured 5 marks and, therefore, both under Clause 5.5 read with Clause 5.6 quoted above they are not entitled for even being registered in the 3rd semester. 6. Thus, they cannot be allowed to sit in the examination of 3rd semester simply because they had attended the class of 3rd semester. 7. In the matter of the academic discipline, this Court cannot ignore the statutory norms fixed under the bye-laws/regulation and in that view of the matter, the petitioners cannot be allowed to appear in the 3rd semester. Thus, they cannot be allowed to sit in the examination of 3rd semester simply because they had attended the class of 3rd semester. 7. In the matter of the academic discipline, this Court cannot ignore the statutory norms fixed under the bye-laws/regulation and in that view of the matter, the petitioners cannot be allowed to appear in the 3rd semester. There is specific bar that if the CGPA at the end of the 2nd semester class is less than 5, the student will not be allowed to register in the 3rd semester and he will have resume the course in the following year along with next batch of students. In the regulation, there is also a provision that in the repeat year, he must attend the classes and be treated as at part with the fresh students. 8. In view of the above, this Court does not find any error in the decision of the University in not allowing the petitioners to appear in the 3rd semester examination. 9. That being so, this writ application is devoid of any merit and the same is, accordingly, dismissed.