Amalendu Krishna vs The Patna University and others

Heard Mr. S.D. Sanjay, the Learned Counsel for the petitioner and Mr. Rafat Alam for the respondent-University. 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 reexamination of the said papers to be held by the respondent University or he should be given the benefit of average marking.

Mr. Rafat Alam, on instructions, 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 of the Regulations in this regard approved by the Chancellor contained in letter no. 1659 GS (1) dated 9th August, 1984, issued from Under Secretary to the Governor of 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 re-examination in cases of walk-out or stay-out or cancellation of examination due to any disturbances created at the centre. Anyhow, it is a matter 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 object has taken any decision with regard to the grievance of the petitioner.

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 it he asks for a copy of the same within two weeks from today. Let a copy of this order be handed over to Mr. Rafat Alam for being communicated to the Vice-Chancellor.