IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1351 of 2011 In Civil Writ Jurisdiction Case No. 2268 of 2011 ====================================================== 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 ====================================================== 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 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and Patna High Court LPA No.1351 of 2011 (2) dt.28-09-2011 2 / 3 2 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”. Patna High Court LPA No.1351 of 2011 (2) dt.28-09-2011 3 / 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. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)