IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11847 of 2009 MANISH KUMAR JAISWAL SON OF KAILASH PRASAD JAISWAL, RESIDENT OF VILLAGE-DAULATPUR, POLICE STATION-RAGHOPUR, DISTRICT-SUPAUL. ... ... PETITIONER. Versus 1. MAGADH UNIVERSITY, BODH GAYA THROUGH ITS REGISTRAR, DISTRICT- GAYA. 2. THE VICE CHANCELLOR, MAGADH UNIVERSITY,BODH GAYA, DISTRICT- GAYA. 3. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA. 4. THE CONTROLLER OF EXAMINATION, MAGADH UNIVERSITY, BODH GAYA, DISTRICT-GAYA. 5. THE DEAN, FACULTY OF MEDICINE, MAGADH UNIVERSITY, BODH GAYA, GAYA. 6. THE PRINCIPAL, NALANDA MEDICAL COLLEGE & HOSPITAL, PATNA. ... ... RESPONDENTS. ----------- For the Petitioner : M/S Uday Chand Prasad,Adv. Binod Kumar Sinha,Adv. Manoj Kumar, Adv. ---------- 2. 8.9.2009. Heard learned counsel for the petitioner and the State. Petitioner appeared in the 2nd M.B.B.S. 2008(11) Exam held in the month of September,2008 conducted by the Magadh University, Bodh Gaya. He has failed in Microbiology Theory/Oral and Internal Assessment as he secured 54 marks whereas the pass mark is 55. It is submitted on behalf of the petitioner that the assessment of the theory paper in Microbiology subject has not been done correctly otherwise petitioner ought not - 2 - to have failed in the theory paper of the subject. In this connection, with reference to the information received from Assistant Public Information Officer, Magadh University dated 27.3.2009 (Annexure-5), it is submitted that in appropriate case, Vice Chancellor of the University can direct for re-evaluation of the answer book of the examinee provided the Vice Chancellor is satisfied that the answer book of the student concerned has not been correctly evaluated. With reference to the question paper and the answer book of the petitioner contained in Annexure-3 series it is submitted that any examiner of Microbiology having perused the answer book of the petitioner would have been satisfied that the answer given by him with reference to the question paper also annexed with the petition have been erroneously assessed by the examiner. Such submission cannot be appreciated by this Court as this Court has no knowledge of the Microbiology subject. Accordingly, this Court is of the view that as the Vice Chancellor of the University is reported to be not available on account of - 3 - N.H./ involvement in a criminal case, the dean faculty of medicine should consider the representation of the petitioner dated 14.3.2009 for re-evaluation of the answer book of the petitioner as contained in Annexure-3 series and pass appropriate orders in accordance with law as early as possible in any case before commencement of the next examination. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)