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Judgment
Heard learned counsel for the parties. In view of the
order proposed to be passed hereinafter, surviving defects are
ignored.
Petitioner, who is a student of LLB 3 years course under
Imamul Hai Khan Law College, Bokaro for the session 2014-17 has
been declared fail in 2 papers, Family Law-I and Bankruptcy as having
failed to secure the minimum pass marks. He has approached this
Court seeking re-evaluation of answer sheets of the relevant papers.
Learned counsel for the petitioner has relied upon 2 nd proviso to
Section 29(2) of the Bihar State Universities Act,1976.
Learned counsel for the Respondent- University submits that re-
evaluation is not done as per Clause 70 of Chapter-III of the Ranchi
University Code, which applies to the Respondent- Vinoba Bhave
University as well. Reliance has been placed on a judgment rendered
by this Court in the case of Nitish Kumar Jha & others Vrs. The
Vice-Chancellor, Sidhu Kanhu Murmu University, Dumka &
others passed in W.P.C. No. 5252 of 2014 dated 29.8.2016 where
the provisions of Ranchi University Code have also been referred to.
However, on the contention of the petitioner that answers of certain
questions have been left unmarked, learned counsel for the
Respondent- University submits that in that case answer sheet can be
re-checked / re-totaled. If such exercise entails correcting any mark
sheet of the petitioner of LLB Part-II, 2016 Examination, it should be
done in accordance with law by the competent authority.
Having regard to the submission made by the parties in the
light of aforesaid facts, this Court is of the view that there is no
point in keeping the writ petition pending. The Respondent-
University would address the petitioner''s grievance made by way
of representation in accordance with law within a period of 4 weeks
from the date of receipt of copy of this order.
The writ petition is disposed of accordingly.