IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1351 of 2011
In
Civil Writ Jurisdiction Case No. 2268 of 2011
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1. Rambha Rani Shukla D/o Shri Ganesh Tiwari Presently Residing At
'Pushpanjali' East Boring Canal Road, Sur Sudha Apartment Lane, Patna-
800001.
2. Jay Shankar Shukla S/o Shri Ganesh Tiwari Presently Residing At
'Pushpanjali' East Boring Canal Road, Sur Sudha Apartment Lane, Patna-
800001.
3. Vijay Krishna Shukla S/o Shri Ganesh Tiwari Presently Residing At
'Pushpanjali' East Boring Canal Road, Sur Sudha Apartment Lane, Patna-
800001.
4. Raman Kumar Shukla S/o Shri Ganesh Tiwari Presently Residing At
'Pushpanjali' East Boring Canal Road, Sur Sudha Apartment Lane, Patna-
800001.
.... .... Petitioners- Appellants
Versus
1. The State of Bihar through Secretary, Human Resource Development
Department, Patna.
2. Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur.
3. Coordinator, College Development Project, Tilka Manjhi Bhagalpur
University, Bhagalpur.
4. Dr. Damodar Mahto, Head of The Department of Sanskrit, Tilka Manjhi
Bhagalpur University, Bhagalpur.
.... .... Respondents-Respondents
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Appearance :
For the Appellants : Mr. Birendra Kumar Sinha, Senior Advocate
For the Respondent State: Mr. Tej Pratap Singh, A.C. to S.C.-17
For the Respondent Univ.: Mr. Ashok Kumar Keshari, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
2 Patna High Court LPA No.1351 of 2011 (2) dt.28-09-2011
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HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2. 28-09-2011 Feeling aggrieved by the order dated 28th June 2011
made by the learned single Judge in above C.W.J.C. No. 2258 of
2011, the writ petitioners have preferred the present Appeal under
Clause 10 of the Letters Patent.
The appellants took entrance examination for
admission to pre-Ph.D. course conducted by the respondent Tilka
Manjhi Bhagalpur University, Bhagalpur. The appellants were not
selected for admission to the pre-Ph.D. course. Feeling aggrieved,
the appellants filed above C.W.J.C. No. 2268 of 2011 for a
direction to the University to reevaluate the answer papers of the
appellants.
The learned single Judge has rejected the writ petition
on the premise that the Rules/Regulations do not provide for
reevaluation of the answer sheets. Therefore, the present Appeal.
Learned advocate Mr. Birendra Kumar Sinha has
appeared for the appellants. He has relied upon Section 29 of the
Bihar State Universities Act, 1976; particularly the 2nd proviso to
sub-section (2) thereof. He has submitted that the Vice Chancellor
has power to order reevaluation.
The aforesaid Section 29 refers to the Examination
Board. The 2nd proviso to sub-section (2) thereof empowers the
Vice Chancellor, “to order for reevaluation of the answer books
and in case he is satisfied that the evaluation of the answer or
the answer book has not been fairly done or evaluation has
been done in violation of the University Statutes, Regulations,
Rules or Orders”.
3 Patna High Court LPA No.1351 of 2011 (2) dt.28-09-2011
3/3
The aforesaid proviso evidently applies to the
examinations conducted by the University at the end of the course.
It does not refer to the entrance examination. Besides, reevaluation
of an answer book is a serious matter. Reevaluation of the answer
book cannot be ordered at the drop of the hat. Unless the Vice
Chancellor is satisfied of unfair evaluation or evaluation in
violation of the Statutes, Regulations, Rules or Orders;
reevaluation cannot be ordered.
In the present case the appellants have not made out
any case except that they have suspicion of unfair treatment.
Merely because the appellants have failed at the examination or
have failed to qualify for admission; one cannot suspect unfair
evaluation.
We see no merit in the complaint made by the
appellants.
Appeal is dismissed in limine.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
Pawan/-