NDLI: High Court of Tripura Through The Registrar General Vs. Tirtha Sarathi Mukherjee & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Tripura Judicial Service Revaluation of answer papers Judicial Services
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Judicial Services – Tripura Judicial Service – Revaluation of answer papers – Writ petition filed by the first respondent challenging the results and seeking revaluation was dismissed by High Court – SLP dismissed by Supreme Court – 5 years thereafter,review petition filed against dismissal of writ petition, which was allowed by High Court – In instant case, appellant contended that there was no right to seek re-evaluation unless there is a provision which entitles a candidate to seek revaluation and there was an inordinate delay with which Review Petition was filed – Held: In absence of any provision, the Court should not generally direct revaluation – The Court may permit revaluation, inter alia, only if it is demonstrated very clearly without any inferential process of reasoning or by a process of rationalization and only in rare or exceptional cases on the commission of material error – In instant case, the review petition was filed in High Court after 5 years of dismissal of the SLP – Also, there were supervening development in the form of fresh selection in between – It may not be correct to characterize the case as a rare or exceptional case when the first respondent approaches the Court with a delay of nearly 5 years allowing subsequent events to overtake him and the Court – High Court ought not to have allowed the review petition – Delay/Laches– Constitution of India – Art.226.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2019 INSC 155
Petitioner	High Court Of Tripura Through The Registrar General
Respondent	Tirtha Sarathi Mukherjee & Ors.
SCR	[2019] 2 S.C.R. 692
Judgement Date	2019-02-06
Case Number	1264

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High Court of Tripura Through The Registrar General Vs. Tirtha Sarathi Mukherjee & Ors.

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High Court of Tripura Through The Registrar General Vs. Tirtha Sarathi Mukherjee & Ors.

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