Disposed

Archna Kumari and Ors. v. The State Of Bihar and Ors.

Patna HC9 Oct 2018CWJC/18934/2018

Case brief

AI extract

What is this about?

In a writ application, petitioners challenged their B.Ed exam results and sought directed re-evaluation. The Court observed that the remedy of seeking a representation for re-evaluation before the Vice-Chancellor was available. It disposed of the application by directing the petitioners to utilize this alternative remedy within a specified timeframe.

What did the court decide?

The application was disposed of with a direction for the petitioners to approach the Vice-Chancellor of the University within two weeks for re-evaluation.

Archna Kumari and Ors. Vs The State Of Bihar and Ors. — Education and Admissions | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18934 of 2018

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======================================================

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Archna Kumari, D/o. Sh. Raj Kishore Singh, R/o. VillagePatedhi Jalal, P.O.- Israuli, P.S.- Marhurah, District- Saran.

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Dhiraj Kumar, S/o. Sh. Shubh Narayan Singh, R/o. VillageGandhi Chowk, Krishnapuri, Chapra, P.S.- Chhapra Town, District- Saran.

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Mamta, W/o. Sh. Raju Kumar, R/o. Village- Dhama Parsa, Amardah, P.S. Taraiya, District- Saran.

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Ranju Kumari, D/o. Sh. Dashrath Sarma, R/o. Village- Jamalpur, Pir Market, P.S.- Maker, District- Saran.

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Munna Kumar, S/o. Sitaram Singh, R/o. Village- Uma Nagar, Sandha, Chapra, P.S. Chhapra Mufassil, District- Saran.

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Neeraj Kumar Singh, S/o. Ram Bhahadur Singh, R/o. VillageChamrahiya, Bishanpur klan, P.S. Daudpur, District- Saran.

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Sudhir Kumar Baitha, S/o. Harendra Baitha, R/o. VillageSadhpur, Jamanpur, P.S.- Manjhi, District- Saran.

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Bishnu Pratap Singh, S/o. Jagarnath Singh, R/o. Village- Naini, Vaisyatola, Near gadh mandir, Naini, P.S.- Bhagwan Bazar, District- Saran.

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Chandani Kumari, D/o. Yogendra Singh, R/o. Block Road, Ekma, P.S.- Ekma, District- Saran.

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Khurshid Alam, S/o Yasin Ansari, R/o. Village- Nawada, P.S.Rasulpur, District- Siwan.

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11.Priyanka Kumari @ Priyanka Devi, W/o. Pradeep Kumar Singh, R/o. Saraiyapatti, Banwar, P.S.- Daudpur, District- Saran at Chhapra.

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Pratapi Anand Mohan Singh, S/o. Sh. Shiv Bahadur Singh, R/o. Village+ Post- Dumari, P.S.- Manjhi, District- Saran. ... ... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Education Department, Government of Bihar.

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Jai Prakash University through its Registrar, Saran at Chhapra. 3. The Vice Chancellor, Jai Prakash University, Saran at Chapra. 4. The Registrar, Jai Prakash University, Saran at Chapra. 5. Secretary, Ramadhar Singh Teacher Tanning College, Ekma. 6. Principal, Ramadhar Singh Teacher Tanning College, Ekma ... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Abhay Shankar Singh Mr. Yashraj Bardhan For the Respondent/s : Mr. Madanjeet Kumar -GP-20 For the University : Mr. Nagendra Kumar Singh, ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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Patna High Court CWJC No.18934 of 2018(3) dt.09-10-2018 2/3

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ORAL ORDER

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3 09-10-2018 Let the supplementary affidavit filed on behalf of the

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petitioners be taken on record.

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2 Heard learned counsel for the parties.

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This writ application has been filed seeking direction to the respondents-University to re-evaluate/scrutinize the answer-sheets of the subjects of Pedagogy of a School Subject-Part-II and Knowledge and Curriculum, Optional Course; Guidance & Counselling; of B.Ed Course of 2^nd year examination, 2018 held by Jai Prakash University, Saran at Chapra. It is the case of the petitioners that they have marginally failed in the said two subjects.

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Learned counsel appearing on behalf of the petitioners could not bring to the notice of the Court any provision which would have mandated the University to undertake the process of re-evaluation. He has, however, drawn my attention to the 2^nd proviso to sub-Section (2) of Section 29 of the Bihar State Universities Act, 1976 to contend that power is vested in the Vice-Chancellor to order 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

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has been done in violation of the University Statutes, Regulations, Rules or Orders. It is also the petitioners’ case that

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Patna High Court CWJC No.18934 of 2018(3) dt.09-10-2018 3/3

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they have submitted application before the Registrar, in this regard. There is no copy of such application/representation available on record.

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Considering the facts and circumstances, this application is disposed of with an observation that the petitioners shall be at liberty to file an application before the Vice-Chancellor of the University, making prayer for reevaluation of their answer-sheets. It will be open to the ViceChancellor of the University to take a decision on their representation after considering whether the power vested under the 2^nd proviso to sub-Section (2) of Section 29 of the Act is to be exercised or not within four weeks of filing of such representations, if the representations are filed within two weeks from today.

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This disposes of the application.

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(Chakradhari Sharan Singh, J)

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arun/-

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Archna Kumari and Ors. v. The State Of Bihar and Ors.

Case brief

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Archna Kumari and Ors. v. The State Of Bihar and Ors.

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