Rajesh Kumar Choudhary v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10141 of 2016 ====================================================== Rajesh Kumar Choudhary, S/O- Kanhaiya Choudhary, At Patnawan, P.OPadrawan, P.S- Jamhor, District- Aurangabad, Bihar. .... .... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Human Resource Development Department, Govt. of Bihar, Patna.
2. The Vice-Chancellor, Arya Bhatt Knowledge University, Patna.
3. The Registrar, Arya Bhatt Knowledge University, Patna.
4. The Examination Controller, Arya Bhatt Knowledge University, Patna.
5. The Principal, Anugrah Narayan Memorial Medical College, Gaya. .... .... Respondents ====================================================== Appearance:
For the Petitioner/s : Mr. Purushotam Sharma, Advocate. For the Respondent/s : Mr. Prasoon Sinha, G.A.-2. ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 11-08-2016 Judicial time of the Court has been wasted by the counsel for the petitioner earlier also. Re-evaluation of answer sheet has been done by the University in terms of its regulation and not on mere asking.
The thrust of the argument of the petitioner is directed against the two questions and the answers he has offered. Those two questions have been re-examined on the available authentic materials and the answers thereto has also been brought on record in the supplementary counter affidavit filed on behalf of the University.
In view of the same, this Court will not give any
Patna High Court CWJC No.10141 of 2016 (4) dt.11-08-2016 2/2 direction for re-evaluation of the answer sheet and award any marks on the two answers which will help the petitioner to pass the examination, because, prima facie, the material is loaded against the petitioner with regard to the answer he has offered in the answer sheet and what emerges in the pleadings and evidence available on record.
Court has its limitation. In the given facts also, this court is not willing to exercise its discretion with regard to reevaluation of answer sheets and it is better to be left in the hands of the authorities.
This writ application is dismissed.
(Ajay Kumar Tripathi, J.) Mishra/- U