MANJU RANI CHAUHAN
Jitendra Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. Heard Mr. Suresh Kumar Maurya, learned counsel for the petitioner, Mr. Surendra Prasad Sharma, learned counsel for respondent no.2 and Mr. Asheem Mukherjee, learned Standing Counsel for the State-respondent.
2. This writ petition has been filed by the petitioner for following relief:
(ii) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iii) Award the cost of the petition in favour of the petitioner.”
3. In the present writ petition, counter and rejoinder affidavits have been exchanged between the parties. Both the parties agree that this petition be disposed of at this stage without calling for any further affidavit.
4. In the present writ petition, the case of the petitioner is that he was pursuing study in Kashi Hindu Vishwavidyalaya, Varanasi and preparing for UGC/NET-2017. In connection with the same, he applied for UG
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Court is to presume the correctness of answer key and proceed on that assumption. In the event of any doubt, benefit should go to the examination authority rather than to the candidate.
The Court cannot interfere with expert opinion unless key answers are patently wrong, and there is no provision for re-evaluation.
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....
Point of Law : Practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in relevant rules for re-evaluation and tha....
Courts should defer to expert committees' evaluations in academic matters unless mala fides are alleged; presumption of correctness applies to expert answers.
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