IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.481 of 2010 1. SUNIL KUMAR S/O RAM LAKHAN MAHTO R/O VILL BARDAHA, P.O. AMARI, P.S.KHODABANDPUR, DISTT-BEGUSARAI Versus 1. THE NALANDA OPEN UNIVERSITY THROUGH ITS VICE CHANCELLOR 3RD FLOOR,BISCOMAUN BHAWAN, GANDHI MAIDAN ,PATNA 2. THE EXAMINATION CONTROLLER, NALANDA OPEN UNIVERSITY 3RD FLOOR,BISCOMAUN BHAWAN, GANDHI MAIDAN ,PATNA 3. THE REGISTRAR, NALANDA OPEN UNIVERSITY 3RD FLOOR,BISCOMAUN BHAWAN, GANDHI MAIDAN ,PATNA ----------- 2/ 10/02/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is a student of Master in Geography Examination, 2008-2010 in the Nalanda Open University. He is stated to have been declared ‘fail’ by one mark in the 5th paper. The second submission is that his admit card wrongly mentions his subject as M.Sc., Geography. As a consequence of his having failed in the 5th paper he is not being allowed to pursue part-2 of his course. Learned counsel for the petitioner submits that the petitioner proposes to represent to be considered for award of grace marks in the nature of his failure. Any inadvertent error in the admit card narrating the course as M.Sc., Geography is required to be appropriately corrected by the respondents so 2 that the defect does not persist leading to further unnecessary consequences for the petitioner. If the Statute and regulations of the Nalanda Open University provides for award of grace marks and the petitioner represents for the same, it is expected that the university shall consider his representation in accordance with the regulations and expeditiously so that the petitioner is not prejudiced by being unnecessarily delayed in pursuing part-2 of his course. Let the respondent university consider any such proposed representation in accordance with law, within a maximum period of three weeks from the date of receipt/production of a copy of this order. The university shall keep in mind that they have themselves fixed the dates between 1st to 20th of February, 2010 for submission of forms for the second part of the course and shall pass appropriate orders with respect to the petitioner, should his representation for grace marks find favour with them. The writ application stands disposed. KC/ ( Navin Sinha, J.)