IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17312 of 2009 1. CHANCHAL KUMAR S/O AWADHESH PRASAD SINGH YADAV R/O VILL.- KHAPURA, P.O.- KALYANPUR, P.S.- PIPRA, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 2. THE VICE CHANCELLOR, PATNA UNIVERSITY, PATNA 3. THE CONTROLLER OF EXAMINATION, PATNA UNIVERSITY, PATNA 4. THE REGISTRAR, PATNA UNIVERSITY, PATNA 5. THE U.G. MODERATION BOARD, PATNA UNIVERSITY, PATNA ----------- 2. 21.12.2009 Heard learned counsel for the petitioner and the University. Learned counsel for the petitioner moulds the submission to urge that the petitioner is entitled to be given grace marks in the subsidiary paper of Psychology for which has secured 31 marks in the 4th final attempt of the subsidiary examination. It is submitted that the University under the regulations has granted 5 to 10 grace marks not only in the main examination but also in the subsidiary examination. The pass marks required to be secured by the petitioner is 33. Counsel for the University submits that grant of grace marks has to be in accordance with the regulations. The word “grace” carries its own significance. Once the University has decided to grant grace marks, its actions have to be uniform. The concept of equality and equal handed treatment to all similarly situated prescribed by Article 14 of the Constitution shall also come into play. All those seeking grace marks fall in one class. These are matters to be appropriately considered by the University when the 2 petitioner approaches the Student Cell, as appointed out by the counsel for the University, with his grievances. The application is disposed with direction that let a final appropriate decision on the request of the petitioner be taken by the Student Cell. It is expected that the University by any delay shall not defeat the right to consideration compelling him to take re-admission in the first year. The writ application stands disposed. P. Kumar (Navin Sinha, J.)