IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1481 of 2009 RAM PRAKASH PASWAN Versus 1. THE V.C.,TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR 2. THE REGISTRAR, TILKA MANJHI BHAGALPUR UNIVERSITY 3. THE CONTROLLER OF EXAMINATION, TILKA MANJHI BHAGALPUR UNIVERSITY. 4. THE DEAN, STUDENT WELFARE, TILKA MANJHI BHAGALPUR UNIVERSITY. 5. THE PRINCIPAL, JAWAHARLAL NEHRU MEDICAL COLLEGE & HOSPITAL, BHAGALPUR ----------- 2. 11.02.2009 Heard learned Counsel for the petitioner and the University. The grievance in this application relates to denial of 5 grace marks to the petitioner in the third year MBBS Part I examination in which he claims to have passed in all papers and he got 12 out of 30 marks in ENT Practical/Council examination, short by 3 marks. The submission is that under the guidelines of the Medical Council of India where a candidate is falling short by 5 marks provision has been made for awarding grace marks so that a candidate may not be declared having failed. It is submitted that notwithstanding this gazetted guidelines of the Medical Council of India and when the benefit has been granted to certain others under the same, details whereof are mentioned in paragraph 7 of the writ application, similar benefit was being denied to the petitioner. In a writ application, documents are the evidence. The petitioner has not placed the notification on records on basis of which relief is claimed. Neither does his representation as appended at Annexure-1 state any discrimination vis-à-vis similar benefits granted to others as urged in paragraph 7 of the writ application. In absence of necessary documents on record and in absence of necessary materials in the representation itself, this Court finds it difficult to pass any positive direction requiring the Respondents to act in a particular manner at this stage. It is made clear that reluctance of this Court to interfere arises out of absence of the documents in the writ application and not on merits. If the petitioner files a proper representation enclosing the copy of the gazette notification along with details of the similar benefit of grant of 5 grace marks to any other candidate in practical/clinical category, Respondents 3 & 4 shall be obliged to consider the same in accordance with law more particularly the allegation of discrimination under Article 14 of the Constitution of India and dispose of the same by a reasoned and speaking order within a maximum period of two weeks considering the submission that the next examination for which requirement for appearance of the petitioner may or may not arise depending upon the decision of the authority is scheduled to commence soon. The writ application stands disposed. AKS/ (Navin Sinha, J.)