Dr. Vishal Prakash v. Arayabhatta Knowledge University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7810 of 2020 ====================================================== Dr. Vishal Prakash, Aged about 40 years, Male, S/o Jai Prakash R/o Jai Mahavir Colony, Sandalpur, P.O.- Mahendru, P.S.- Bahadurpur, District Patna. ... ... Petitioner

Versus

1.

Arayabhatta Knowledge University Mithapur, Patna through its Vice Chancellor.

2.

Vice Chancellor, Arayabhatta Knowledge University, Mithapur, Patna. 3.

Examination Controller, Arayabhatta Knowledge University, Mithapur, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Sandeep Kumar, Mr. Alok Kumar @ Alok Kr Shahi, Advocates For Respondent-State :

Mr. Ashutosh Ranjan Pandey, AAG 15 For the Respondents :

Mr. Awadhesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-04-2021 Heard learned counsel appearing on behalf of the petitioner as well as learned counsel appearing of the respondent-Aryabhatta Knowledge University.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is ready to deposit Rs.50,000/- (Rupees fifty thousand) before the Vice Chancellor, Aryabhatta Knowledge University for re-evaluation of the answer script. Mr. Awadhesh Kumar, learned counsel for the respondent-Aryabhatta Knowledge University, submits that University will take steps to get the answer script of the petitioner re-evaluated by the Subject Expert of All India

Patna High Court CWJC No.7810 of 2020(4) dt.06-04-2021 2/3 Institute of Medical Science, New Delhi provided the petitioner deposits the cost.

Considering the aforesaid, the writ application is disposed of with a direction to the petitioner to tender Rs.50,000/- as cost for re-evaluation of answer sheet of the subject within one week from today. On deposit of cost of Rs.50,000/- the Vice Chancellor, Aryabhatta Knowledge University shall request the Director, All India Institute of Medical Science, New Delhi for re-evaluation of the answer script of the petitioner. In the event, after re-evaluation of the answer sheet, the petitioner has obtained higher marks in the reevaluation declaring him as pass, the petitioner shall be entitled to publication of the result on the basis of re-evaluation of answer script of the subject and the cost of re-valuation i.e. Rs.50,000/- (Rupees fifty thousand) shall be refunded to the petitioner otherwise the amount of Rs.50,000/- shall be forfeited.

The Court hope and trust that the Director, All Institute of Medical Science, New Delhi will provide full cooperation in the process of re-evaluation of the answer script at the request of the Vice Chancellor, Aryabhatta Knowledge University in the ends of justice.

Patna High Court CWJC No.7810 of 2020(4) dt.06-04-2021 3/3 With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) BT/- U