IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6607 of 2008 SUBODH KUMAR PANDEY Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner : Mr.Vijay Kr. Verma,Adv. For Union of India : Mr.S.V.B.P.Ambastha,Adv. ---------- 2. 15/09/2008 Petitioner has filed this writ application for a direction to the respondents to consider his case for grant of grace marks in papers in which he has failed. A communication from the National Institute for the Visually Handicapped, addressed to the Deputy Director (Programmes) Rehabilitation Council of India, New Delhi, has been brought on record vide Annexure-9, from which it appears that the Institute has requested the Deputy Director (Programmes) to send back original marklists of candidates, who were eligible to receive grace marks as per RCI guidelines in order to facilitate the Institute to issue revised marklists issued to the candidates earlier. There is nothing on record to show that the petitioner is entitled for grace marks and therefore his case comes within the zone of consideration for the purpose, and the Deputy Director (Programmes) was obliged to send back - 2 - his marklist to the Institute for reconsideration. It is also not said in the writ application that the Deputy Director (Programmes) has refused to send back his marklist to the Institute for the purpose. It goes without saying that pursuant to the said communication, the Deputy Director (Programmes), Rehabilitation Council of India is obliged to send marklist of the candidates, who were found eligible to receive grace marks. It is needless to say that if the petitioner comes within the zone of consideration, the Deputy Director shall send his marklist also to the Institute as per request made by the Institute vide Annexure-9. However, since nothing,either way,has been brought on record by the petitioner, no specific order or direction can be issued by this Court in the matter. It is open to the respondent Deputy Director (Programmes), Rehabilitation Council of India to consider the case of the petitioner in the light of the request of the Institute, as contained in Annexure-9. This writ application is, therefore, disposed of. Pradeep/ (J. N. Singh, J.)