Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Poona University Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Poona University Act, 1974 (23 of 1974) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Poona University Act. 1974---0rdinance 134A and 146-Revaluation of answer books-Whether second revaluation permissible. Consequent upon the announcement of his M.B.B.S. Examination result on 12.12.1990, the petitioner alongwith other 166 students, applied for revaluation of answer books under University of Poona Ordinance 134A. When the revaluation results were declared, certain students made representation to the University Authorities for their answer papers being revalued from the same set of examiners. The University on consideration of that representation appointed a Committee for scrutiny and to reassess theory papers of the students acquiring more than 20% marks after revaluation, from senior teachers of the Faculty. After scrutiny, it was found out that the marks are closer to the·original marks in Medicine, Surgery and Preventive and Social Medicine. The Committee therefore recommended that the entire revaluation of the papers should he cancelled. The Executive Council by a resolution cancelled the result of the revaluation and directed fresh revaluation and the second revaluation was done through the examiners outside the Sate and the result declared on the basis thereof. The petitioner and others challenged the aforesaid decision of the Executive Council cancelling ·the earlier revaluation and directing a second revaluation by means of writ petitions. It was contended before the High Court on behalf of the petitioners that the action of the Executive Council was arbitrary inasmuch as there was no, malpractice, fraud or anything objectionable to the revaluation as the examiners were chosen by the Vice-Chancellor as enjoined under the Ordinance. Hence the cancellation of revaluation was not proper. The High Court repelled the two contentions advanced before it and dismissed the writ petitions. Hence this Petition for Special Leave to appeal. |
Judge | N/A |
Neutral Citation | 1992 INSC 29 |
Petitioner | Bhushan Uttam Khare |
Respondent | Dean, B.j. Medical College And Ors. |
SCR | [1992] 1 S.C.R. 386 |
Judgement Date | 1992-01-28 |
Case Number | 10330 |
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