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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Sudhanshu Shekhar Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (Oral):
1. On the previous date, i.e., 19.01.2022, the following order was passed:
"1. Mr. Ankur Chhibber, who appears on behalf of the petitioners, says that he needs to take instructions, as to whether the petitioners before the court would like to pursue a review petition, as the relief sought in prayer clause (iii) in the subject O.A. [i.e., OA No. 619/2020], preferred before the Central Administrative Tribunal has not been addressed in the impugned order. The said prayer reads as follows:
"(iii) pass an order directing the respondent no.2 to grant Grace Marks up to 10 in the marginally failed papers in one or two subjects in the exams, including supplementary Exam2018, conducted under outgoing Exam-2006 pattern to the deserving applicants to declare them pass in the Exam in toto, after admissible grace marks are granted reach to the pass marks in the subject's."
1.1. As would be evident, the petitioners seek grace marks, inter alia, for supplementary exam 2018, which was conducted under the 2006 exam pattern.
1.2. Concededly, in 2020, this pattern has been changed.
2. To be not
Judicial review allows withdrawal of a writ petition with liberty to file a review petition when relief sought is unaddressed by the Tribunal.
The right to fair evaluation in examination contexts necessitates that technicalities, such as signature issues, be addressed without undermining a candidate's opportunity for assessment, ensuring pr....
The court emphasized that dismissing a case without merit-based reasoning is improper, necessitating remand for a fresh adjudication.
A party cannot claim ignorance of judicial decisions when there is sufficient public notice of court proceedings, especially when they are familiar with judicial processes.
A review petition cannot re-adjudicate matters already settled unless an apparent error is established.
A decision must be rendered by the same individuals who heard a case to ensure procedural fairness and consistency in adjudication.
The court emphasized the necessity of interim relief in administrative matters to protect the rights of applicants pending adjudication.
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