IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16589 of 2008 PAWAN ANAND Versus THE BIHAR SCHOOL EXAM.BOARD & Ors. For the Petitioner : Sri K. Ravish, Adv. For the Respondent Board: Sri Lalit Kishore, Sr. Adv. Sri Piyush Lall, Adv. 3/ 17/03/2009 Heard learned counsel for the petitioner and learned counsel for the respondent Bihar State School Examination Board. The petitioner, who was a student of Intermediate (Science) (I.Sc.) from R.S. College, Tarapur, district-Munger, Bihar, appeared in the annual examination in the year-2007. Dissatisfied with his marks in Physics and Chemistry, he re-appeared in the annual examination in the year-2008. He came to this Court with a grievance that despite having applied for re-totaling of the marks in accordance with law and having deposited the statutory fees, the respondents were not performing their duties for re-totaling. The petitioner cited the fact that the marks obtained by him in Physics and Chemistry papers in both the years were shown to be the same, in support of his plea of errors in re-totaling. Learned counsel for the respondent Board, from the counter affidavit, as also the marksheet appended to the writ application for the annual 2 examination in 2007 and 2008, submitted that when the petitioner re-appeared at the annual examination in 2008 in an effort to improve his marks, he, in fact, obtained lesser marks in Physics and Chemistry than that he had secured in the annual examination, 2007. In that view of the matter, the Board, in accordance with regulations decided to allow him to retain the higher marks obtained in the aforesaid papers in the annual examination in the year-2007. In that view of the matter, the grievance of the petitioner for non-consideration of his application for re-totaling appears to have been fully redressed. This Court finds no merit in this application warranting any interference. The same is rejected. KC ( Navin Sinha, J.)