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1993 DIGILAW 306 (PAT)

Amalendu Krishna v. Patna University

1993-07-26

G.C.BHARUKA, GURUSHARAN SHARMA

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Order Heard Mr. S. D. Sanjay, the learned counsel for the petitioner and Mr. Rafat Alam for the respondent-University. 2. The short facts giving rise to the dispute in question is that on 15th and 19th of April, 1993 as asserted by the petitioner, the Honours Examination of Patna University had been disturbed by some anti-social elements. Because of that disturbance the petitioner, who had undertaken the Honours course in Statistics, could not participate in the examination of Vth & VIth papers in Statistics (Honours). The prayer is that the petitioner should either be allowed to appear at re-examination of the said papers to he held by the respondent University or he should he given the benefit of average marking. 3. Mr. Rafat Alam, on inst ructions, submits that the Examination Board has suggested for giving average marks only in relation to Vth paper. But even that suggestion cannot be accepted in view or the Regulations in this regard approved by the Chancellor contained in letter no.1659 GS (I) dated 9th August, 1984, issued from Under Secretary to the Governor or Bihar, Raj Bhawan, Patna, i.e., Chancellor, addressed to all Vice Chancellors including respondent no.2, which debars the Universities from either giving average marks or any other mark or reexamination in eases of walk-out or stay-out or cancellation or examination due to any disturbances created at the centre. Anyhow, it is a mailer of record that neither the Vice Chancellor nor the Chancellor or any other authority competent in this behalf under the Patna University Act or any statute dealing with the subject has taken any decision with regard to the grievance of the petitioner. 4. Accordingly, we are disposing of this application with a direction that either the Vice Chancellor or the competent authority in this behalf should take a decision with regard to the grievance of the petitioner by referring to the relevant statutory provisions and regulations and communicate the same to the petitioner if he asks for a copy of the same within two weeks from today. 5. Let a copy or this order he handed over to Mr. Rafat Alam for being communicated to the Vice-Chancellor.