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1994 Supreme(SC) 975

SUPREME COURT OF INDIA
K. R. SRINIVAS
Vs.
R.M. PREMCHAND
Decided on September 30, 1994

Advocates:
C.SITARAMIAH, K.RAM KUMAR, P.P.Rao, R.A.PERUMAL, S.SIVA SUBRAMANIAM, Vrinda Dhar

Headnote:

Constitution of India Article 226 – Special Leave Petition – Appellant in Civil arising out of Special Leave Petition (C) is aggrieved against the order of a division bench of the A. P. High court passed in Writ Appeal whereby the Writ Petition, preferred by the first respondent under Article 226 of the Constitution, was allowed in public interest. Since certain adverse remarks came to be made by the division bench against the father of Professor, the then Vice-Chancellor of the Andhra University, the other appeal arising out of Special Leave Petition (C) the limited relief of expunction of all those remarks –Held, appellant in Civil arising out of Special Leave Petition (C) is aggrieved against the order of a division bench of the A. P. High court passed in Writ Appeal whereby the Writ Petition, preferred the first respondent under Article 226 of the Constitution, was allowed in public interest. Since certain adverse remarks came to be made by the division bench against the father of, the then Vice-Chancellor of the Andhra University, the other appeal arising out of Special Leave Petition (C) seeks the limited relief of expunction of all those remarks – Result of both the appeals.

( 1 ) LEAVE granted in both matters.

( 2 ) K. R. Srinivas, the appellant in Civil arising out of Special Leave Petition (C) No. 2828 of 1994 is aggrieved against the order of a division bench of the A. P. High court dated 17/12/1993 passed in Writ Appeal No. 53 of 1993 whereby the Writ Petition No. 2082 of 1991, preferred by Dr R. M. Prernchand the first respondent under Article 226 of the Constitution, was allowed in public interest. Since certain adverse remarks came to be made by the division bench against the father of K. R, Srinivas i. e. Professor K. V. Ramana, the then Vice-Chancellor of the Andhra University, the other appeal arising out of Special Leave Petition (C) No. 2392 of 1994 seeks the limited relief of expunction of all those remarks.

( 3 ) WE are refraining from giving herein the facts elaborately, for we have felt a sense of discomfort and uneasiness in which the High courts jurisdiction in public interest was invoked at a point of time when the appellant stood cornered and cross-checking became impossible by the court.

( 4 ) IN the year 1988 Professor K. V. Ramana appellant was the Vice-Chancellor of the Andhra University, during which time his son K. R. Srinivas appellant sat for the final examination of Bachelor of Marine Engineering. The result declared disclosed that he had passed therein in second division. He applied to the University authorities on two different dates for revaluation of his answer books pertaining to three subjects:

1. Industrial Engineering and Management, 2. Production Technology II Metallurgy, and 3. Design and Machine Element Part II.

( 5 ) THE re-evaluated result brought him substantially higher marks. As a result K. R. Srinivas got a first division and a degree in B. E. Marine Engineering on that basis was awarded to him. Allegedly as a result thereof he got a coveted job. There was a furore that the results were manipulated because of the Vice-Chancellors interest in his son. In the meantime since procedural irregularities in the framing of the result of various candidates got to a scandal, the government of A. P. appointed an Enquiry Commission. A couple of years went by. It is in the year 1991 that the respondent Dr R. M. Premchand moved the High court in a writ petition under Article 226 of the Constitution challenging the result of the appellant only in public interest inter alia on the ground that neither the University was competent to re-evaluate the papers nor could such result be achieved since there were procedural irregularities as also that the result had been manipulated. A learned Single Judge of the High court elaborately went into the matter. He steered through the air of suspicion dismissing the writ petition. A division bench of the High court reversed the learned Single Judge holding that the result of the appellant had been manipulated. The degree awarded was however not cancelled. On the point of cancellation the division bench agreed with the learned Single Judge.

( 6 ) WHILE hearing these petitions on 15/9/1994 we were inspired to have a look at the answer books as also the question papers in which results had substantially been improved. We, therefore, required of the University counsel to produce before us the answer books as also the question papers for our inspection today. Anticipating their production we also required learned counsel for the parties to give us a list of examiners for the subjects involved available in the Universities and Institutions functioning in Delhi, together with their addresses and phone numbers, residential as well as official, if possible, so that we could establish contact with any of them. This effort was made to see for ourselves, on inviting the academics, whether there was a real error of assessment in the first result and further whether therectification by revaluation was erroneous. The other reason was to take away the exercise from A. P. to a neutral place like Delhi and that too under our eye. We were hopeful tha


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