Supreme Court disapproves HC’s apply of calling for reply scripts, directing for revaluation
3 min readExpress News Service
NEW DELHI: The Supreme Court lately disapproved the apply of HC calling for reply scripts and directing for revaluation within the absence of a particular provision.
A bench Justices MR Shah and MM Sundresh of their order stated, “We are of the opinion that the High Court was not at all justified in calling the record of the answer scripts and then to satisfy whether there was a need for re-evaluation or not. As reported, the High Courts are calling for the answer scripts/sheets for satisfying whether there is a need for re-evaluation or not and thereafter orders/directs re-evaluation, which is wholly impermissible.”
The courtroom additional stated, “Such a practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in the relevant rules for re-evaluation and that too while exercising powers under Article 226 of the Constitution of India is disapproved.”
Court’s commentary got here in a plea which was filed by Dr NTR University of Health Sciences in opposition to Andhra Pradesh HC’s order asking the college to reevaluate the reply scripts of the scholars who appeared within the PG diploma course.
A University’s counsel contended that HC’s order was not justified since there wasn’t any provision for re-evaluation and it was not justified for the courtroom to direct the college below Article 226.
Informing the bench of the brand new mode adopted by the college for introducing digital analysis for reply scripts of PG Degree/Diploma Examinations, the counsel additional argued that the solutions have been evaluated digitally for each examination and there was no handbook analysis pursuant to decision for digital analysis.
NEW DELHI: The Supreme Court lately disapproved the apply of HC calling for reply scripts and directing for revaluation within the absence of a particular provision.
A bench Justices MR Shah and MM Sundresh of their order stated, “We are of the opinion that the High Court was not at all justified in calling the record of the answer scripts and then to satisfy whether there was a need for re-evaluation or not. As reported, the High Courts are calling for the answer scripts/sheets for satisfying whether there is a need for re-evaluation or not and thereafter orders/directs re-evaluation, which is wholly impermissible.”
The courtroom additional stated, “Such a practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in the relevant rules for re-evaluation and that too while exercising powers under Article 226 of the Constitution of India is disapproved.”
Court’s commentary got here in a plea which was filed by Dr NTR University of Health Sciences in opposition to Andhra Pradesh HC’s order asking the college to reevaluate the reply scripts of the scholars who appeared within the PG diploma course.
A University’s counsel contended that HC’s order was not justified since there wasn’t any provision for re-evaluation and it was not justified for the courtroom to direct the college below Article 226.
Informing the bench of the brand new mode adopted by the college for introducing digital analysis for reply scripts of PG Degree/Diploma Examinations, the counsel additional argued that the solutions have been evaluated digitally for each examination and there was no handbook analysis pursuant to decision for digital analysis.
