IN THE GAUHATI HIGH COURT(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)(ITANAGAR BENCH)
KALYAN RAI SURANA, ROBIN PHUKAN, JJ.
Miss Hage Mamung D/o Hage Ranka – Appellant
Versus
The State Of A.P. And Others – Respondents
WA 12 of 2019
Decided on : 10-02-2022
Constitution of India, 1950 – Article 226 – Process of rationalization – Petitioner had approached Court by filing a writ petition, which was registered as W.P. (C) – Upon hearing learned Advocates of both sides and upon considering pleadings of parties and documents placed on record, learned Single Judge was pleased to dismiss said petition vide judgment and order – Held, Court are unable to concur with judgment and order impugned herein – Therefore, court are of the considered opinion that appellant has been able to make out a case for ordering re-evaluation of answer scripts in exercise of power under Article 226 of Constitution of India – In this regard, court find support from the decisions rendered by Supreme Court of India in cases of (i) Manish Ujwal (supra), and (ii) High Court of Tripura (supra) – Court are inclined to set aside the impugned judgment and order, passed by learned Single Judge in W.P.(C) and direct Arunachal Pradesh Public Service Commission (respondent No.3) for re-evaluation of the papers of the appellant and of respondent no. 5 – Appeal allowed.
JUDGMENT :
R.Phukan, J
1. In this Writ Appeal, the appellant has put to challenge the judgment and order dated 05.10.2018 by the learned Single Judge in W.P. (C) No. 62 (AP) of 2018, by which the said writ petition was dismissed as devoid of merit.
2. The factual background leading to filing of this writ appeal is adumbrated herein below:-
3. Being aggrieved, the petitioner had approached this Court by filing a writ petition, which was registered as W.P. (C) No. 62 (AP)/2018. Upon hearing the learned Advocates of both the sides and upon considering the pleadings of the parties and the documents placed on record, the learned Single Judge was pleased to dismiss the said petition vide judgment and order dated 05.10.2018.
4. Highly aggrieved by the aforesaid judgment and order, the appellant has preferred this Writ Appeal, amongst others, by projecting that the materials available on record were not appreciated in its proper perspective; and that in view of the admission made by the respondent Nos
High Court of Tripura (Through Registrar General) Vs. Tirtha Sarathi Mukharjee & Ors.
Kanpur University, through Vice Chancellor and Ors. v. Samir Gupta and Ors.
Manish Ujwal & Ors. Vs. Maharishi Dayanand Saraswati University
Point of Law : if a statute, Rule or Regulation governing an examination does not permit re-evaluation or scrutiny of an answer sheet (as distinct from prohibiting it) then the Court may permit re-ev....
The Court cannot interfere with expert opinion unless key answers are patently wrong, and there is no provision for re-evaluation.
The court affirmed that academic evaluations should not be judicially interfered with unless glaring errors are evident, emphasizing adherence to procedural timelines for objections.
Constitutional Court cannot by itself re-evaluate the answer scripts.
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