ABIR CHAKRABORTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. In view of the order proposed to be passed hereinafter, surviving defects are ignored.

(2.) Petitioner, who is a student of LLB 3 years course under Imamul Hai Khan Law College, Bokaro for the session 2014-17 has been declared fail in 2 papers, Family Law-I and Bankruptcy as having failed to secure the minimum pass marks. He has approached this Court seeking re-evaluation of answer sheets of the relevant papers. Learned counsel for the petitioner has relied upon 2nd proviso to Sec. 29(2) of the Bihar State Universities Act,1976.

(3.) Learned counsel for the Respondent-University submits that reevaluation is not done as per Clause 70 of Chapter-III of the Ranchi University Code, which applies to the Respondent-Vinoba Bhave University as well. Reliance has been placed on a judgment rendered by this Court in the case of Nitish Kumar Jha & others Vs. The Vice-Chancellor, Sidhu Kanhu Murmu University, Dumka & others passed in W.P.C. No. 5252 of 2014 dated 29.8.2016 where the provisions of Ranchi University Code have also been referred to. However, on the contention of the petitioner that answers of certain questions have been left unmarked, learned counsel for the Respondent-University submits that in that case answer sheet can be re-checked / re-totaled. If such exercise entails correcting any mark sheet of the petitioner of LLB Part-II, 2016 Examination, it should be done in accordance with law by the competent authority.