IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18283 of 2009 1. DEVENDRA PRASAD S/O LATE HARIHAR MAHTO R/O VILL- GOPI BIGHA, P.O-TULSI GADH, DISTT- NALANDA, AT PRESENT MOH- OPPOSITE OF M.I.T. TELIPHONE EXCHANGE GATE, BARIYA ROAD, P.O-M.I.T., PS.- BRAHAMPURA, DISTT- MUZAFFARPUR, PIN- 842003 Versus 1. B.R.A.BIHAR UNIVERSITY MUZAFFARPUR THROUGH VICE CHANCELLOR OF SAID UNIVERSITY, 2. EXAMINATION COTROLLER, B.R.A., BIHAR UNIVERSITY, MUZAFFARPUR 3. PRINCIPAL, MAGADH HOMEOPATHIC MEDICAL COLLEGE & HOSPITAL, BIHARSHARIF, NALANDA ----------- 2. 18.3.2010 Heard learned counsel for the petitioner and learned counsel for the B.R.A.B University. The petitioner seeks re-totaling of his marks in the answer sheet of Meteria Medica, I and II theory papers of examination held in the year 2000-2001 as also to 2002. He submits that he appeared thrice in that paper and has been declared failed on all three occasions. His request for re-totaling, met no response when he filed a case before the District Consumer Forum at Muzaffarpur registered as case No. 40/04. This was an erroneous remedy being perused as ultimately the forum held that it had no jurisdiction in the matter. The next submission is that in any event the University had produced certain answer sheets before 2 the Forum which according to the petitioner only fortifies his case. Let the petitioner along with a representation place before the Registrar and the Controller of Examination, a copy of the order of the consumer Court which may display what stand was taken on behalf of the University and what documents were produced by it. In that light and in accordance with the regulations , let the Registrar and the Controller of Examination examine his claim for re-totaling in accordance with law and pass a reasoned and speaking order, signed by them jointly, within a maximum period of four months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)