Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Aasiyabanu Mohammed Afzal Shaikh Since Minor Through Mohammed Afzal Mohammed Yakub Shaikh – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
NIKHIL S. KARIEL, J.
1. Heard learned advocate Mr.Rafik Lokhandwala appearing on behalf of the petitioner and learned Assistant Government Pleader Mr.Aditya Pathak appearing on behalf of the respondent – State.
2. By way of this petition, the petitioner has sought for the following prayers:-
“(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to re-evaluate Petitioner’s Basic Mathematics answer-sheet for the examination dated 01.03.2025 and award marks affected by the confusion and ambiguous instructions in the question paper (Annexure “B”), in the interest of justice.
(B) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents to preserve the answer-sheet of mathematics for the examination held on 01.03.2025 for the purpose of re-evaluation, in the interest of justice. (Ann. B)
(C) Your Lordship may be pleased to pass any other and further orders as may be deemed fit and proper.”
3. It is the case of the petitioner that the petitioner was studying in a 10th standard and had given her board examination in the month of March, 202
Interference under Article 226 is discretionary and requires demonstration of substantial prejudice, which was not established in this case; courts must temper legal action with equity.
Students should not suffer due to administrative errors in examinations; evaluation must reflect their actual performance regardless of mistakes made by invigilators.
The main legal point established in the judgment is that re-evaluation of answer sheets is impermissible as per the advertisement and relevant rules. The court emphasized the importance of uniform ma....
The Court cannot modify or relax the terms and conditions of the instructions in an examination notification of the Tamil Nadu Public Service Commission, as established by the precedent set by the Ho....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
