IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4667 of 2007 UDAY NATH THAKUR Versus TILKA MANJHI BHAGALPUR UNIVERS ----------- 3. 17/09/2008 By order dated 7.8.2008 learned counsel for the University was allowed three weeks time to seek instruction and file counter affidavit. However, no counter affidavit has been filed in this case. Learned counsel for the petitioner submits that the petitioner had submitted an application for retotalling of 3rd paper of Advance Library Classification examination of Academic Session 2004-05, which was forwarded by the Course Coordinator on 5.9.2006, as is evident from Annexure-1. It appears that thereafter endorsement was made on the application allowing the petitioner to deposit fee for the same but that was struck down later on. Learned counsel for the petitioner submits that the application of the petitioner for retotalling of marks may be considered by the University in accordance with law and after deposit of fee, retotalling of marks of the said paper may be done. Since no counter affidavit has been filed - 2 - in this case, this writ application is disposed of with a direction to the University authorities to consider the application of the petitioner for retotalling of marks of the said paper in accordance with law after permitting him to deposit requisite fee for the same. Learned counsel for the petitioner submits that in identical circumstances application of another candidate was allowed by the authorities of the University vide Annexure-2. If that is so, the University authorities shall consider granting similar treatment to the petitioner also and necessary orders in this regard shall be passed within two months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ application stands disposed of. Pradeep/ (J. N. Singh, J.)