Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law : Recruitment - Post of Trained Graduate Teachers in Social Science |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service law : Recruitment - Post of Trained GraduateTeachers in Social Science - Written examination and interview held- Select list for recruitment - Re-evaluation of answer sheets sought by unsuccessful candidates - Interference by tlie courts in writtenexamination results, resulting in third evaluation of answer sheets -Held: Courts should interfere in the results of m1 examination inrare and exceptional situations and to a very limited extent -Interference by the Courts places the examination authorities underscrutiny and not the candidates - No doubt that candidates put in a tremendous effort in prepanng for an examination, even theexamination authorities put in equally great efforts to successfullyconduct an examination - Enormity of the task might reveal somelapse at a later stage, but the Court must consider the internal checksand balances put in place by the examination authorities beforeinterfering - On facts, even after lapse of eight years, examinationfor recruitment of the teachers has not attained finality - SingleJudge took it upon itself to ascertain the correctness of the keyanswers to seven questions, which was completely beyond hisjurisdiction and the exercise carried out was impermissible -Division Bench erred in sending four key answers for consideration by a one-man Expert Committee - Both the High Courts ought tohave been far more circumspect in interfering and deciding on thecorrectness of the key answers - Revaluation, cancellation,whichever option is chosen, there would be some candidates whoare likely to suffer and lose their jobs - Thus, under the circumstances of the case, the middle path is taken, which is to declare the thirdset of results - Candidates working as Trained Graduate Teacherspursuant to the earlier declaration of results, if found unsuccessfulon the third declaration of results, should be allowed to continue -New candidates selected, consequent upon the third set of results to be accommodated since they were erroneously not selected on earlieroccasions.- U.P. Secondary Education Senescence Selection Board Act, 1982- Revaluation of answer books - Issue whether; under law, acandidate has a right to demand an inspection, verification andB revaluation of answer books and whether the statutory regulationsframed by the State Board stating that there shall be no such right,is ultra vires, unreasonable and void - Held: If statute, Rule orRegulation governing an examination permits re-evaluation orscrutiny of an answer sheet as a matter of right, then the author~vconducting the examination may permit it and if statute does notc permit re-evaluation, the Court may permit only in rare orexceptional cases where a material error has been committed -Further; the Court should not re-elucidate or scrutinise the answersheets of a candidate since it has no expertise - Court to presumethe correctness of the key answers and in case of a doubt, the benefitD should go to tlie examination authority rather than to the candidate- Furthermore, there should be 1w sympathy or compassion in thematter of directing or not directing re-evaluation of answer sheet.Judicial discipline: Essential facet - Held: Respect for theview taken by a coordinate Bench is an essential element of judicialdiscipline - Judge might have a difference of opinion with anotherjudge, but that does not give him or her any right to ignore thecontrary view - ln the event of a difference of opinion, the proceduresanctified by time must be adhered to. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 1209 |
Petitioner | Ran Vijay Singh & Ors. |
Respondent | State Of U.p. & Ors. |
SCR | [2017] 12 S.C.R. 95 |
Judgement Date | 2017-12-11 |
Case Number | 367 |
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