Usha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1474 of 2019 ====================================================== Usha Kumari W/o- Kundan Prasad, D/o- Rameshwar Prasad Singh Resident of Rukimini Sadan, Ramkrishna Nagar, Lalu Path (Near New Bypass Road), P.O.- New Jaganpura, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Education. 2.

The B.R. Ambedkar Bihar University, Muzaffarpur through its ViceChancellor. 3.

The Vice- Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur. 4.

The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. 5.

The Assistant Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. 6.

The Principal, Rajkiya Shree Yatindra Narayan Asthang Ayurvedic, Mahavidyalay, Champa Nagar, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (AAG-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and the State.

The petitioner has filed the present writ petition for a direction to the respondents to allot 13 additional marks in the subject Ras Shastra and Bhaisrajya Kalpana in BAMS examination held in the year 2000.

Granting grace marks under the Examination Regulation is in the domain of the University and the Court is not the appropriate forum for deciding such issue. If the Regulation permits grant of such grace marks, the University is

Patna High Court CWJC No.1474 of 2019(3) dt.18-10-2019 2/2 expected to take recourse to the Regulation. In a given situation, if others have been granted grace marks and the petitioner has been discriminated, in that situation the petitioner is required to approach the University as the University cannot make pick and choose in the matter of grant of grace marks. In the totality of the fact situation, the writ petition is disposed of with a direction to the University to examine the claim of the petitioner and if similarly circumstanced others have been granted the benefit in the concerned academic session the same treatment should be extended to this petitioner also. Necessary decision in this regard must be taken by the respondents within a maximum period of three months from the date of receipt/production of a copy of this order. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U