Petitioner sought grace marks to secure first division; Bench dismissed writ holding no legal provision supports such request despite Board's initial re-totalling.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19463 of 2014
=========================================================== Basant Ray, Son of Sri Jang Bahadur Rai, Resident of Rani, P.S. Bachhwara, District – Begusarai. .... .... Petitioner Versus 1. The Bihar School Examination Board (S.S.) through its Chairman, Budh Marg, Patna - 1. 2. The Secretary, Bihar School Examination Board, (S.S.) Budh Marg, Patna - 1. .... .... Respondents =========================================================== Appearance : For the Petitioner : Mr. Pancham Lal Jaiswal, Advocate For the Board : Mr. Piyush Lall, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-01-2016
Heard counsel for the petitioner and counsel for the respondent-Examination Board.
The prayer of the petitioner has already been acceded to by the Examination Board by re-totalling the marks of the two papers and no variation has been found in the same.
The submission of the counsel for the petitioner to award him 12 grace marks so that he can be awarded with first division is not supported by any law, rule or statute in this regard.
In view of the same, writ is dismissed being devoid of
merit.
(Ajay Kumar Tripathi, J.)
veena/-
U
1 issue framed by the court
Whether the petitioner is entitled to grace marks to secure first division.
Basant Ray, Son of Sri Jang Bahadur Rai
The Bihar School Examination Board
AJAY KUMAR TRIPATHI
As recorded by the court registry
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