IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13530 of 2007 MD.HATIM Versus THE PATNA UNIVERSITY & ORS ----------- 3. 01/09/2008 In this writ application, learned counsel for the petitioner has confined his prayer for a direction to the respondents to consider his application for retotalling of his answersheets of Papers 2, 3, 5 and 8 of M.B.A. Part-II Examination, 2007. A copy of the said application has been annexed as Annexure-5 to the writ application. Case of the petitioner is that he submitted an application for retotalling of marks of the answersheets of those papers but the same was not forwarded by the Department, and therefore, the same was not considered by the University. Learned counsel for the University submits that if the answersheets of the petitioner are available, the University is ready to scrutinize the answersheets of those papers for the purpose of retotalling of marks obtained by the petitioner against specific answers given by him in those papers. In that view of the matter, petitioner is directed to deposit requisite fee for retotalling - 2 - of his answersheets of the papers mentioned above and upon his depositing the requisite fee, the University shall get the answersheets of the petitioner scrutinized for the purpose of retotalling, and communicate the result of the same to the petitioner within one month from the date of deposit of requisite fee by the petitioner and filing of a formal application before the Examination Controller with the proof of deposit of requisite fee. It is stated that in the marksheet of First Part, petitioner has been shown as fail under new regulation, whereas under old regulation he was entitled to have been declared to have passed even if he was absent in one paper. University is directed to issue fresh marksheet of the First Part to the petitioner under old regulation without insisting for return of the original marksheet issued to the petitioner under new regulation showing him fail as was issued to the petitioner earlier. With the aforesaid observations and directions, this writ application stands disposed of. Pradeep/ (J. N. Singh, J.)