Patna High CourtCWJC/23525/2018disposed

Vishal Pandey v. The State Of Bihar And ORS

2018-12-12Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23525 of 2018 ====================================================== Vishal Pandey, Son of Dhananjay Pandey, Resident of Mohalla Master Colony, Chhoti Nagla, P.S. Malsalami, Patna City, District-Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar.

2. The Director, Higher Education, Govt. of Bihar, Patna.

3. The Vice Chancellor, Magadh University, Bodh Gaya, P.S. Bodh Gaya, District-Gaya.

4. The Registrar, Magadh University, Bodh Gaya, P.S.-Bodh Gaya, DistrictGaya.

5. The Examination Controller, Magadh University, Bodh Gaya, P.S. Bodh Gaya, Dist. Gaya.

6. The Principal cum Director, M.B.A./M.B.M. Program B.D. College, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh Ms. Sweta Singh For the Magadh Univ.

Dr. Kumar Amitesh For the State :

Mr. Nishant Kumar Jha AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-12-2018 The petitioner claims that he had appeared for M.B.A. Examination, held by the Magadh University in the year 2017, result of which came to be published in March, 2017. Being not satisfied with the marks awarded to him against 17th Paper of Indian Economic Problem, he had applied for scrutiny. He was awarded 39 marks out of 100, whereas only 40 is pass marks. Outcome of scrutiny, according to the petitioner, has yet not been communicated to him. The application for scrutiny was made on 07.11.2017. It is stated that the petitioner had applied for scrutiny within the time prescribed in the notification issued by the University for the purpose of scrutiny. This is the background, in which the petitioner is seeking direction to the

Patna High Court CWJC No.23525 of 2018(2) dt.12-12-2018 2/2 University to produce scanned copy of 17th Paper i.e. Indian Economic Problem of the said course.

Since the main grievance of the petitioner is against marks awarded to him in 17th Paper of Indian Economic Problem, which according to him is much less than his expectation and non-communication of the outcome of the scrutiny, this application is disposed of with a direction to the Examination Controller to ensure that outcome of the scrutiny, if the petitioner has applied for the same, be communicated to him within four weeks from the date of receipt/production of a copy of this order.

Since the petitioner has missed to pass the examination in the said paper only by one mark, the Controller of Examination of the University shall consider, whether the petitioner is entitled to, under the Statute, Rules, Regulations or Circular of the University, under which, he can be declared 'pass' by providing him grace marks or otherwise. This application stands disposed of.

(Chakradhari Sharan Singh, J) Ashish/- U