IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 5379 of 2008 Jitendra Kumar Jyoti son of Sri Deo Narain Choudhary resident of Village & Post Office - Sihpur, P S - Gamharia, Dist - Madhepura - Petitioner Versus 1 B N Mandal University, through the Vice Chancellor, Lalu Nagar, Madhepura 2 Vice Chancellor, B N Mandal University, Lalu Nagar, Madhepura 3 The Examination Controller, Lalu Nagar, Madhepura 4 The Registrar, B N Mandal University, Lalu Nagar, Madhepura 5 The Principal, M L T College, Saharsa - Respondents ----------- 4 26.11.2008 Heard. The petitioner alleges that he was shown a Fail student in the part-III B Sc (Zoology) Examination. He applied for reevaluation but was informed that there was no error. He then protested to the Vice Chancellor who permitted him to see the answer book. He submits, with reference to Annexure-8 his letter to the Vice chancellor, wherein he points out that on inspection he found that in two of the papers one question remained unmarked and in one the last two pages of a question was found half torn. He requested for reevaluation which was not acceded and, as such, he has come to this Court. A counter affidavit has been filed by the University in which University has placed on record the communication of the teacher reevaluating the answer book. The person reevaluating is none else than Head of the Department of Zoology of the University. He has clearly intimated that the marks, as awarded, were correct and needed no change. He has further submitted a detailed report to the University pointing out that the answer sheets had been subsequently - 2 - tempered with for which University has taken action by lodging a first information report against some of its employees and initiated disciplinary proceedings. In view of these disclosures by the University, I am unable to persuade myself to exercise the jurisdiction in the matter. The writ application is, accordingly, dismissed. M.E.H./ (Navaniti Prasad Singh)