IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7179 of 2009 1. AMRITESH KUMAR, son of Sri Ramesh Pd. Singh, resident of Bhadai Niwas, Akharaghat, Muzaffarpur (Bihar). 2. Abhay Ranjan, son of Dr. Kailash Prasad, resident of Boudh Vihar Colony, Kumharar, P.s. Agamkuan, Patna-26 3. Ravi Kant Kumar, son of Kamal Deo Prasad, Resident of Pathiya Bazar, Phulwarisharif, Patna, Bihar 4. Raj Kumar Deepak, C/o Sri Bhola Baitha, resident of village and P.O. Semrahiya, P.S. Chhauradano, District East Champaran, Bihar 5. Sushil Kumar, son of Sri Ram Karan Yadav, Resident of village and P.O. Marukla, Via Khajauli, District Madhubani, Bihar 6. Sumit Kumar Rabi, C/o Shri Chandrika Prasad, resident of Kaushal Medical Hall, Ramchandrapur, Biharsharif, Nalanda, Bihar, PIN 803106 Versus 1. THE STATE OF BIHAR through the Principal Secretary, Health Department, Government of Bihar, Patna 2. The Principal Secretary, Health Department, Government of Bihar, Patna 3. The V.C., Patna University, Patna 4. The Registrar, Patna University, Patna 5. The Controller of Examination, Patna University, Patna 6. The Dean, Faculty of Medicine, PMCH, Patna 7. the Principal, PMCH, Patna 8. The Head of Department, Department of Medicine, PMCH, Patna ----------- 02/ 30.06.2009 Heard learned counsel for the petitioners, the State and the Patna University. 2. Petitioners were the examinees of M.D. General Medicine Examination, 2009. They have failed in the theory paper narrowly, as it appears from the letter of the Professor and Head of Department, Medicine, PMCH, Patna dated 1.6.2009 although they have passed in the clinical, practical and viva-voce test and appreciating such fact, Professor and Head of Department, Medicine, PMCH, Patna requested the Vice- Chancellor, Patna University to consider the matter by convening meeting of the Moderation Board or by taking any other suitable measure to remedy the grievance of the 2 petitioners-examinees. Such request has also been reiterated by the Principal of the PMCH, Patna under his letter dated 1.6.2009, Annexure-5 to this application. 3. It is submitted on behalf of the petitioners that in spite of the request of the Professor and Head of Department, Medicine and the Principal of the PMCH to either call for the meeting of the Moderation Board to consider the case of the petitioners or to take suitable measure, the authorities of the Patna University are not taking such steps. 4. Counsel for the Patna University prayed for time to seek instruction in the matter, but considering the nature of the order, which this Court proposes to pass, prayer for grant of time has been refused. 5. Having heard counsel for the parties, I am of the view that the Vice-Chancellor, Patna University should consider the request of the Professor and Head of Department, Medicine, PMCH, Patna contained in his letter dated 1.6.2009 and that of the Principal of PMCH, Patna, dated 1.6.2009 as contained in Aannexures-4 and 5 to this application and pass appropriate orders in accordance with law, as early as possible, in any case within one month from the date of receipt/ production of a copy of this order. 6. It is, however, made clear that in the event request of the Professor and Head of Department, Medicine, PMCH, Patna and the Principal of PMCH, Patna, as contained in letter 3 dated 1.6.2009, Annexures-4 and 5 have been considered and allowed, then no order need be passed in the light of this order. 7. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)