ORDER

A. K. Patnaik, J. —

Leave granted.

2. This is an appeal against the judgment dated 06.02.2009 of the Division Bench of the Patna High Court in Letters Patent Appeal No.984 of 2008 (for short ‘the LPA’).

3. The facts very briefly are that the respondent No.1 appeared in the All India Pre-Medical/Pre-Dental Entrance Examination, 2007 conducted by the Central Board of Secondary Education (for short ‘the CBSE’). She submitted a representation dated 07.06.2007 through her advocate to the CBSE for re-examination and re-totalling of her marks in Physics, Chemistry and Biology. The CBSE informed the advocate of respondent No.1 by letter dated 02.07.2007 that there was no provision for re-checking/re-evaluation of answer sheets of the candidates. Aggrieved, the respondent No.1 and others filed writ petition, C.W.J.C. No.7631 of 2007, in the Patna High Court under Article 226 of the Constitution for directing the CBSE to conduct a re-evaluation of her answer sheets and to re-total the marks and publish the result. The CBSE filed a reply contending inter alia that under the examination bye-laws pertaining to the All India Pre-Medical/Pre-Dental Entrance Examination, there was no provisi