Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | in absence of such provision in relevant rules – Not justified Constitution of India – Article 226 – Re-evaluation of answer sheets ordered |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | 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 – Article 226 – Re-evaluation of answer sheets ordered, in absence of such provision in relevant rules – Not justified – Original writ petitioners appeared in post-graduation diploma course conducted by appellant-University – Digital evaluation of answer scripts – Writ petitions filed by respective students praying for re-evaluation – Single Judge ordered reevaluation of the answer scripts – Order confirmed by Division Bench – On appeal, held : In absence of any regulation for reevaluation of the answer scripts, either in the MCI rules or in the University Rules, High Court not justified in ordering re-evaluation of the answer scripts – Practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation in absence of any specific provision in the relevant rules for re-evaluation and that too while exercising powers u/Article 226 is disapproved – Judgments of the Single Judge and the Division Bench set aside – However, as the results of the original writ petitioners after re-evaluation or appearing in the supplementary examination have been declared, the same shall not be affected and/or disturbed – Deprecation. Deprecation – Re-evaluation of answer scripts ordered after perusing the record –– Held: High Court was not at all justified in calling the record of the answer scripts and then to satisfy whether there was a need for re-evaluation or not – As reported, the High Courts are calling for the answer scripts/sheets for satisfying whether there is a need for re-evaluation or not and thereafter orders/directs re-evaluation, which is wholly impermissible. Judicial Review – Scope of – Re-evaluation of answer sheets – Held: Court should not re-evaluate or scrutinise the answer sheets of a candidate as it has no expertise in the matter and the academic matters are best left to academics – In absence of any provision for re-evaluation in the relevant rules, examinees have no right to claim or demand re-evaluation – Sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of an answer sheet. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 1172 |
Petitioner | Dr. Ntr University Of Health Sciences |
Respondent | Dr. Yerra Trinadh & Others |
SCR | [2022] 10 S.C.R. 77 |
Judgement Date | 2022-11-04 |
Case Number | 8037 |
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