Shivam Kumar vs The Vice Chancellor, Bihar Engineering University

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19745 of 2025
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Shivam Kumar S/o Sanjay Thakur, R/o-Near Hanuman Mandir, Adaipur, P.S.-
Hajipur, Hajipur, Vaishali, Bihar-844101.
... ... Petitioner/s
Versus
1. The Vice Chancellor, Bihar Engineering University Mithapur Farm Area,
Mithapur, Patna, Bihar-800001.
2. The Registrar, Bihar Engineering University Patna.
3. The Examination Controller, Bihar Engineering University Patna.
4. The Principal, Motihari College of Engineering, Bariyarpur, Motihari, NH
28A, Furshatpur, Motihari, Bihar 845402.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kumar Saurav, Adv.
Mr.Vishal Vikram Rana, Adv.
For the Respondent/s : Mr.Satyam Shivam Sundaram, Adv.
Mr. Ankit, Adv.
Mr. Aman Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 21-07-2026
Heard Mr. Kumar Saurav, learned Advocate for the
petitioner and Mr. Satyam Shivam Sundram, learned Advocate
for the Bihar Engineering University.
2. The petitioner, a bonafide student of Motihari
College of Engineering pursuing the B.Tech. course for the
Academic Session 2024–28, has approached this Court seeking
nd
quashing of the order debarring him from appearing in the 2
Semester Examination solely on the ground of shortage of
attendance.
3. Learned Advocate for the petitioner submitted that

Patna High Court CWJC No.19745 of 2025 dt.21-07-2026
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as per the official Notice dated 21.05.2025 classes were
rd
scheduled to begin from 23 May, 2025, nonetheless in Motihari
st
College of Engineering, classes were started from 1 July.
Office of the principal also directed to hold remedial classes.
However, in pursuant thereto, no classes could be held and due
to which the petitioner could not achieve the required 75% of
nd
attendance. Owing to this he was debarred from appearing in 2
Semester. It is submitted that while the matter was pending
consideration, the petitioner was further not allowed to
rd th
participate and attend classes of 3 and 4 Semester
examination and due to which he was further debarred from
rd th
appearing in regular examination of 3 and 4 Semester;
though the petitioner was all along ready to participate and
attend the classes.
4. Referring to Regulation issued by the Bihar
Engineering University, which is made effective from Academic
Sessions 2026-27, it is submitted that Clause 5.5 clearly
stipulates, inter alia, that all students admitted in B.Tech/B.Arch
Programme will be promoted to the next succeeding semester
irrespective of CGPA and there will be a provision of
supplementary examination. Any student awarded F, I and X
grade in a subject shall be eligible to appear for supplementary

Patna High Court CWJC No.19745 of 2025 dt.21-07-2026
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examination. Clause 6.4 of the said Regulation further reveals
that as a measure of student’s performance, the candidates who
have even been debarred, by declaring under Grade X, were also
required to be permitted in the next higher grade, but in case of
the petitioner, the same has not been done.
5. On the other hand, learned Advocate for the Bihar
Engineering University submits that the Regulation which has
been referred by the learned Advocate for the petitioner is
specifically made effective from Academic Sessions 2026-27
and onwards and the same would not apply in the case of the
petitioner. The previous Regulation which governs the case of
the petitioner as well as the student of B.Tech and B. Pharma
programme, especially Clause 5.10, which stipulates that those
students who have been awarded grade X (“debarred”) because
of poor attendance or for any other reason need to register for
the course and attend classes as per rules. Further Clause 6.1
mandates that for appearing at any semester examination a
student must attain minimum 75% of lecture delivered in each
theory as well as in in sessional/ practical paper.
6. The identical issue has also come up for
consideration before the learned Single Judge in CWCJ No.
3571 of 2024 wherein the learned Single Judge while

Patna High Court CWJC No.19745 of 2025 dt.21-07-2026
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considering the fact that the student has not acquired 75% of
attendance, directed for fresh registration in the next semester.
The order of the Single Judge was questioned before the learned
Division Bench in LPA No. 380 of 2025 along with LPA No.
409 of 2025. However, the learned Division Bench did not
interfere with the order passed by the learned Single Judge and
categorically ruled that the requirement of 75% attendance
being statutory and binding, condonation beyond the
permissible limit cannot be extended to cases where attendance
is below 75%. It is trite that sympathy cannot override statutory
rules.
7. Considering the submissions advanced by the
learned Advocates for the respective parties and upon perusal of
the Regulation for the Degree of B.Tech/B. Pharma, which is
applicable in the case of the petitioner and made effective from
the Academic Sessions 2011-12, this Court finds that as,
admittedly, the petitioner has not achieved 75% of attendance,
besides there is no such stipulation in the applicable Regulation
that he would be allowed to admit in the second Semester, this
Court is constrained to pass any positive order. However, it is
made clear that in case the petitioner is intending to appear in
nd
the 2 Semester, he may be allowed to register for ongoing

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course and attend the classes as per rules, provided under the
Regulation.
8. In view of the above, the present writ petition
stands closed with clear observation that this order shall not
come in the way of the petitioner if he files an application for
nd
registration in the 2 Semester, in accordance with the
applicable rules.
9. With the aforesaid observation, the present writ
petition stands closed.


(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 22.07.2026
Transmission Date