IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6482 of 2007 PANKAJ KUMAR & ANR Versus THE V.C.,MAGADH UNIVERSITY &OR ----------- 3. 12/08/2008 The two petitioners had appeared in B.Sc.(Hons) Examination of 2005 from S.N.Sinha College, Warsaliganj (Nawada). The result was published from which they came to know that they have failed since in the third paper of Zoology (Hons) they have been awarded 22 marks each. Upon enquiry they came to know that the entire bundle of answer sheets of third paper of Zoology examination was misplaced and therefore, all the students appearing in this paper were given average marks. Petitioners contend that the average marks to the petitioners in this paper were not correctly awarded because of which they were declared failed. Petitioners have enclosed typed copy of their representations filed before the Examination Controller, as contained in Annexures-3 and 3/1. However, receipt of the same has not been enclosed with the writ application to show that the same were actually filed before the Examination Controller. In the circumstances, this writ - 2 - application is disposed of with liberty to the petitioners to file a fresh representation before the Examination Controller for correctly awarding average marks to them in the paper as per regulations of the University. If such a representation is filed by the petitioners before the Examination Controller within one month from today along with a copy of this order, the Examination Controller will examine the matter and if the answersheets are actually not available, he will satisfy himself with regard to average marks allotted to the petitioners in the third paper of Zoology (Hons). If he finds that the average marks allotted vide Annexure-2 have not been correctly awarded, then he will pass a fresh order awarding correct average marks to the petitioners in this paper. Necessary orders in this regard shall be passed by the Examination Controller within one month from the date of filing of the representation. Pradeep/ (J. N. Singh, J.)