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ISSUES PRESENTED and CONSIDERED
The core legal questions considered in this judgment include:
ISSUE-WISE DETAILED ANALYSIS 1. Entitlement to Re-evaluation of Answer Sheets - Relevant legal framework and precedents: The CBSE regulations did not provide for re-evaluation of answer sheets. The court considered precedents such as Pramod Kumar Srivastava v. Chairman, Bihar Public Service Commission, which emphasized that candidates do not have a right to demand re-evaluation in the absence of such a provision. - Court's interpretation and reasoning: The court acknowledged the absence of a provision for re-evaluation but emphasized its prerogative to issue high prerogative writs to ensure justice. The court stated that it could not ignore glaring mistakes when pointed out. - Key evidence and findings: The court found that the appellant's answers were correct based on a comparison with model answers and prescribed textbooks, warranting an additional two marks. - Application of law to facts: The court exercised its power of judicial review to examine the correctness of the evaluation, despite the CBSE regulations. - Treatment of competing arguments: The court rejected the argument that it lacked jurisdiction to review the evaluation, distinguishing the present case from others where re-evaluation was not permitted. - Conclusions: The court concluded that it had the authority to review the evaluation and that the appellant was entitled to two additional marks. 2. Jurisdiction to Review Evaluation - Relevant legal framework and precedents: The court referred to its powers under Articles 226 and 227 of the Constitution, which allow for judicial review. - Court's interpretation and reasoning: The court reasoned that its power to issue writs could not be curtailed by CBSE rules and that it was within its rights to review the evaluation to ensure justice. - Key evidence and findings: The court found that the appellant's answers, although differing in language, were substantively correct. - Application of law to facts: The court applied its constitutional powers to review the evaluation process and correct any errors. - Treatment of competing arguments: The court acknowledged the importance of expert opinions but maintained that it could intervene if the evaluation process was flawed. - Conclusions: The court held that it had jurisdiction to review the evaluation and correct any errors found. 3. Admission to MBBS Course - Relevant legal framework and precedents: The court considered precedents where relief was granted despite procedural delays, such as in Aman Deep Jaswal v. State of Punjab. - Court's interpretation and reasoning: The court reasoned that systemic delays should not prejudice the appellant's rights and that she should not suffer due to the court's procedural timelines. - Key evidence and findings: The court found that the appellant acted promptly in seeking redress and that her entitlement to additional marks justified her admission. - Application of law to facts: The court applied equitable principles to grant the appellant admission in the next academic session. - Treatment of competing arguments: The court rejected the argument that the passage of time should bar relief, emphasizing fairness and justice. - Conclusions: The court directed that the appellant be admitted to the MBBS course in the next academic session. SIGNIFICANT HOLDINGS - The court established that its powers under Articles 226 and 227 allow for judicial review of examination evaluations, even in the absence of explicit provisions for re-evaluation. - The court held that systemic delays should not bar relief when an appellant has acted promptly and is otherwise entitled to relief. - The court concluded that the appellant should be admitted to the MBBS course in the next academic session, setting a precedent for similar cases where procedural delays occur. - The judgment emphasized the court's role as an "expert of the experts," capable of reviewing expert opinions when necessary to ensure justice.
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