Patna High Court - Orders
Shreya vs The State Of Bihar & Ors on 7 April, 2017
Author: Chakradhari Sharan Singh
Bench: Sharan Singh, Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5643 of 2016
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Shreya daughter of Sri Subodh Kumar Srivastha Resident of Mohalla-
Hanuman Nagar -2, Maripur, PS Kazi Mohammadpur, Po Head Post Office,
Muzaffarpur, District Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Higher Education
,Human Resources Development Department , Govt. of Bihar New
Secretariat, Patna.
2. The Vice-Chancellor ,B.R.A. Bihar University , Muzaffarpur.
3. The Registrar,B.R.A Bihar University, Muzaffarpur.
4. The Controller of Examination , B.R. Ambedkar Bihar University,
Muzaffarpur.
5. The Asstt. In Charge,,B.R.A Bihar University, Muzaffarpur.
6. The Tabulator , ,B.R.A Bihar University, Muzaffarpur.
7. The Principal , Shree Krishna Jublee Law College, Muzaffarpur.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rabindra Nath Tiwari
For the Respondent-State : Mr. Neeraj Kumar, AC to SC-7
For the Respondent- B.R.A. Bihar University: Mr.Santosh Kumar Jha
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
2 07-04-2017The petitioner is a student of five years LL.B. Course of S.K.J. Law College, Muzaffarpur under B.R. Ambedkar Bihar University, Muzaffarpur. She has a grievance that her answer scripts of different papers, as mentioned in paragraph-9 of the writ application, have not been duly evaluated. According to her, the said answer scripts need to be revaluated as she has been awarded much less marks than what she deserves.
It seems that the petitioner had earlier approached this Court with the same prayer by filing CWJC No. 21734 of 2012, Patna High Court CWJC No.5643 of 2016 (2) dt.07-04-2017 2/3 which came to be disposed of by an order dated 11.08.2015, by this Court, with a direction to the Registrar of the University to communicate the final position with regard to the request of the petitioner for re-evaluation of her answer scripts. In compliance of the said order dated 11.8.2015, the Controller of Examination has communicated to the petitioner the decision of the University, that the University has no jurisdiction for re-checking/ re-evaluation of answer books of any University examination.
Learned counsel for the petitioner has drawn my attention to the 2nd proviso of Section 29(2) of the Bihar State Universities Act, 1976 under which the Vice Chancellor of a University has been given power to order for re-evaluation of the answer books in case he is satisfied that the evaluation of the answer or answer book has not been fairly done or evaluation has been done in violation of the University Statutes, Regulations, Rules or Orders. Second proviso of Section 29(2) of the Bihar State Universities Act, 1976 reads as follows:
"Vice- Chancellor shall have power to order for re-evaluation of the answer books and in case he is satisfied that the evaluation of the answer or answer book has not been fairly done or evaluation has been done in violation of the University Statutes, Regulations, Rules or Orders."Patna High Court CWJC No.5643 of 2016 (2) dt.07-04-2017 3/3
I find substance in the submissions made on behalf of the petitioner. In view of the 2nd proviso of Sub-Section (2) of Section 29 of the Act, it cannot be said that the University has no jurisdiction at all of re-evaluation/ re-checking of answer script in University Examination.
The communication dated 28.11.2015, is in breach of the said Act. The said communication is hereby quashed. The Vice-Chancellor of the University is directed to re-consider the case of the petitioner himself and take a final decision within a period of four weeks from the date of presentation of this order.
The writ application is, accordingly, allowed.
(Chakradhari Sharan Singh, J) BTiwary/-
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