Aditya Dangi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7806 of 2018 ====================================================== Aditya Dangi Son of Abhuday Singh Dangi, Minor through the natural guardian and father Abhuday Singh Dangi Resident of Mohalla - Harnichak, P.S. Phulwari, District Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Science & Technology, Govt. of Bihar, Patna.

2. The Secretary of State Board of Technical Education, 4th Floor, Technology Bhawan, Patna - 15.

3. The Controller of Examination, State Board of Technical Education, Bihar.

4. The Principal of New Government Polytechnic, Patna -13. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Saxena For the State :

Mr. Archana Meenakshee- GP-6 Mr. Prabhat Ranjan, AC to GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-05-2018 This writ application has been filed, seeking a direction to the respondents to re-evaluate 'Operating System paper' of the petitioner of Semester-III, Diploma in Computer Science & Engineering Examination, 2017.

It is the grievance of the petitioner that his answerbook has been under-evaluated and he has missed to clear the said paper only by one mark.

Heard learned counsel for the petitioner and learned AC to GP-6, appearing on behalf of the respondents. Learned counsel for the petitioner has not been able to point out any provision under which re-evaluation of answer-

Patna High Court CWJC No.7806 of 2018(2) dt.07-05-2018 2/2 sheet is permissible. The statement that the said paper has been under-evaluated is vague without any factual details, on the basis of which, no direction can be issued.

This writ application has no merit and is accordingly dismissed.

It is, however, observed that the petitioner shall be at liberty to approach the competent authority if he finds out any provision for grant of grace marks and if he does so by way of filing a representation before the Controller of Examination (respondent no.3), the latter shall consider his grievance and take appropriate decision within two weeks from the date of receipt/production of a copy of this order. It is indicated that the concerned respondent shall be required to consider the petitioner's representation only if there is such provision, either under statutory provisions, or under any binding administrative instructions.

(Chakradhari Sharan Singh, J) HR/- U