ALPANA SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ajay Kumar for the petitioner and Mr. Ahsanuddin Amanullah for respondent Nos. 2 to 6 (Magadh University).

(2.) According to the writ petition, the petitioner was a student of M.Sc. Botany for the session 1996-98 in the Magadh University. She appeared at the examination held in December and January 2000. Photocopy of her mark-sheet is marked Annexure-4 to the writ petition which shows that she has failed in the following three papers :- (i) Paper III General Physiology and Ecology (ii) Paper IV Taxonomy, Anatomy, Embryology, Cytology and Economic Botany (iii) Paper V Cyto Genetics and Plant Breeding The petitioner had scored 9 out of 100 marks in Paper III. 16 out of 100 marks in Paper IV and 7 out of 100 marks in Paper V. It is further stated in the writ petition that she has althrough been a very good student, has answered all the questions required to be answered in the three papers. There was, therefore, no question for scoring such low marks in the three papers in a situation where she has scored good marks in all other papers. The petitioner has althrough been a very good student and it is not in the natural course of events that she would score such low marks as seems to have happened in the present case.

(3.) The respondents have placed on record their counter-affidavit. Learned counsel for the respondent university has opposed the writ petition.