IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9205 of 2007 - --- KUNDAN ABHISHEK son of Sri Nilmani, resident of village- Kalyanpur Basti, P.S. Mohiuddin Nagar,District- Samastipur. Versus 1. THE STATE OF BIHAR through Director, Secondary Education, Bihar,Patna. 2. The Secretary, Bihar Vidyalaya Pariksha Samittee, Higher Secondary,Patna. 3. The Examination Controller,Bihar Vidyalaya Pariksha Samittee, Higher Secondary,Patna. 4. The Chairman, Bihar Vidyalaya Pariksha Samittee, Higher Secondary,Patna. 5. The Principal S.K.R.College Barbigha,Sheiklhpura. 6. The Examination Centre Superintendent cum Principal D.M.High School, Sheikhpura. ----------- 5 16.2.2009 Petitioner had sought reevaluation of his marks.Board has furnished fresh marksheet which shows that after re-evaluation he has been given 9 marks . Apart from this, petitioner has been given 8 marks. On query of the Court, in supplementary affidavit, it is stated that the petitioner was failing because of 8 marks shortage. The regulation permits grant of marks upto 8% in case student fails because of one paper alone. Accordingly Board granted 8 marks grace. Thus petitioner has now passed in second division. The writ petition is, thus, infructuous and is disposed of as such. SINGH (Navaniti Pd. Singh, J.)