Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | re-evaluation of the answer sheets/answer scripts Art. 226 Justification of Exercise of power under |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India : Art. 226 – Exercise of power under – Order as regards re-evaluation of the answer sheets/answer scripts – Justification of – Writ of Mandamus by respondent No. 1 seeking re-checking of answer sheet of the paper of the physiology subject through different examiners and to accept the amended result if marks were increased in re-checking – High Court allowed the writ petition by awarding the respondent no. 1, the average of the marks awarded by the three examiners – High Court further awarded Rs. 1 lakh cost to respondent no. 1, gave liberty to the students who appeared in preceding three years for applying for re-evaluation, and also directed that the copy of judgment to be sent to Secretaries of concerned Departments to ensure that the examiners/evaluators be deployed in reasonably efficient manner – On appeal, held: Statute governing the examination does not provide for re-evaluation and scrutiny of the answer sheets – Award of marks in the descriptive type answers essentially remains a matter of subjective assessment and the Court would not be entering into that arena of assessment, which remains reserved for the examiner/ evaluator – Decision of Court of law ought to remain confined to the issues arising for determination in the matter – Imposition of costs not in consonance with subject-matter – Direction to Principal Secretary not of specific nature and cannot be implemented with certainty – All concluded matters cannot be re-opened – If the assessment by one examiner/evaluator is found questionable, all the examiner could not be presumed to be irresponsible and every result declared by the University could not be reopened – Substantive relief of award of average marks to the respondent no. 1 not disturbed and other directions set aside. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2023 INSC 721 |
Petitioner | Dr. B R Amedkar University, Agra |
Respondent | Devarsh Nath Gupta & Ors. |
SCR | [2023] 2 S.C.R. 471 |
Judgement Date | 2023-02-14 |
Case Number | 1141 |
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