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2017 Supreme(Pat) 312

RAJENDRA MENON, SUDHIR SINGH
Ashutosh Kumar Karn – Appellant
Versus
Tilka Manjhi Bhagalpur University – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Siddhartha Prasad
For the Respondent: Mr. Rajendra Kumar Giri

JUDGMENT :

Rajendra Menon, J.

Re.: I.A. No. 9173 of 2015

The application is for condonation of delay of 10 days in filing the Letters Patent Appeal.

2. For the reasons mentioned in the Interlocutory Application, we are satisfied that the appellant has shown sufficient cause to seek condonation of delay in filing the Letters Patent Appeal.

3. Consequently, the Interlocutory Application is allowed and delay in filing the Letters Patent Appeal is condoned.

Re.: L.P.A. No. 2081 of 2015

4. Seeking exception to an order passed by the learned Writ Court on 09.07.2015 in C.W.J.C. No. 4769 of 2015 appellant has filed this appeal under Clause 10 of the Letters Patent.

5. Even the learned Writ Court has refused to interfere in the matter only on account of the fact that in the absence of any rule, law or regulation providing for reevaluation of an answer-book, the extraordinary power available under Article 226 of the Constitution of India cannot be exercised.

6. The aforesaid findings recorded by the learned Writ Court is correct. However, there is an exception to the aforesaid rule i.e. in a given case materials are available on record to demonstrate prima facie that evaluation of the answer-sheet h




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