LexTHE SECRETARY, ALL INDIA PRE-MEDICAL/PREDENTAL EXAMINATION, C.B.S.E. & ORS. versus KHUSHBOO SHRIVASTAVA & ORS.
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A B c [2011] 10 S.C.R. 286 THE SECRETARY, ALL INDIA PRE-MEDICAL/PRE- DENTAL EXAMINATION, C.B.S.E. & ORS. v. KHUSHBOO SHRIVASTAVA & ORS. (Civil Appeal No. 7024 of 2011) AUGUST 17, 2011 [R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.] Education - Medical Admissions: Bye-laws of All India Pre-Medical/Pre-Dental Entrance Examination, 2007 - All India Pre-Medical/Pre-Dental Entrance Examination conducted by CBSE - Representation filed by the candidate before CBSE for re-examination and 0 re-totalling of her marks, rejected - Writ petition :- High Court . directed CBSE to produce answer sheets of the candidate on the condition that the candidate would deposit Rs. 25, 0001- to prove her bonafides -Amount deposited -.Comparison of answers of the candidate with model answers by the Single Judge of the High Court who held that she was not given two E marks - However, no relief granted except directing to refund the amount deposited by the candidate - Division Bench of the High Court upheld the order and directed that the candidate be admitted in the MBBS course in the next academic session - On appeal, held: Bye-laws concerned did F not provide for re-examination or re-evaluation of answers sheets - Thus, the appellants-Secretary Examination rejected the representation of the candidate for re-examination/re- evaluation of her answers sheets - Neither the Single Judge nor the Division Bench of the High Court could have G substituted his/its own views for that of the examiners and awarded two additional marks to the candidate for the two answers in exercise of powers of judicial review under Article 226 of the Constitution as these are purely academic matters - Impugned judgment of the Single Judge and the Division H 286 SECRETARY, ALL INDIA PRE-MEDICAUPRE-DENTAL EXAMINATION, 287 C.B.S.E. v. KHUSHBOO SHRIVASTAVA Bench of the High Court are set aside and the writ petition is A dismissed - Constitution of India, 1950 - Article 226. Maharashtra State Board of Secondary and Higher SecondaryEducation and Anr. v. Paritosh Bhupeshkumar Sheth and Ors. (1984)4 SCC 27; Pramod Kumar Srivastava v. Chairman, Bihar Public Service Commission, Patna and 8 Ors. (2004) 6 SCC 714: 2004 (3) Suppl. SCR 372 - relied on. Board of Secondary Education v. Pravas Ranjan Panda and Anr. (2004) 13 SCC 383 - referred to. C Secretary, WB. Council of Higher Secondary Education v. Ayan andOrs. (2007) 8 sec 242: 2001 (10) SCR 464 - cited. Case Law Reference: 2007 (10) SCR 464 Cited Para 5 2004 (3) Suppl. SCR 372 Relied on Para 7 (2004) 13 sec 383 Referred to Para 7 (1984) 4 sec 21 Relied on Para 8 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7024 of 2011. D E F From the Judgment & Order dated 06.02.2009 of the High Court of Judicature at Patna in LP.A. No. 984 of 2008. Altaf Ahmed, Tara Chandra Sharma, Neelam Sharma for the Appellants. Saket Singh, Niranjan Singh for the Respondents. The Order of the Court was delivered by A. K. PATNAIK, J. 1. Leave granted. G H . 288 SUPREME COURT REPORTS [2011] 10 S.C.R. A- - 2. This is an appeal against the judgment dated 06.02.2009 of the 'Division Bench of the Patna High q_ourt in Letters Patent Appeal No.984 of 2008 (for short 'the LPA'). ·' 3. The facts very briefly are that the respondent No.1 B appeared in the All India Pre-Medical/Pre-Dental Entrance Examination, 2007 conducted by the Central Board of Secondary Education (for short 'the CBSE'). She submitted a· representation dated 07.06.2007 through her advocate to the CBSE for re-examination and re-totalling of her marks in Physics, Chemistry and Biology. The CBSE informed the · C advocate of respondent No.1 by letter dated 02.07.2007~ that there was no provision for re-checking/re-evaluation of answer sheets of the candidates. Aggrieved, the respondent No.1 and others filed writ petition, C.W.J.C. No. 7631 of 2007, in the. Patna High Court under Article 226 of the Constitution for D directing the CBSE to conduct a re-evaluation of her answer ·sheets and to re-total the marks and publish the result. The CBSE filed a reply contending inter alia that under the examination bye-laws pertaining to the All India Pre-Medical/ Pre-Dental Entrance Examination, there was no provision for E re-evaluation. The learned Single Judge of the Patna High Court, who heard the writ petition, passed orders directing the CBSE to produce the answer sheets of respondent No.1 on the condition tha
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