Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Saji Mathew

High Court Of Kerala|04 November, 2014
|

JUDGMENT / ORDER

Shaffique, J.
Writ petitioner is the appellant. The Writ Petition was filed for a declaration that the petitioner is qualified in National Eligibility Test of June, 2012, which he attended pursuant to Exhibit P2 notification. The petitioner seeks the above declaration on the ground that three questions, the answers of which were given, were demonstrably wrong. If the petitioner's answers in respect of these questions are taken into consideration, the petitioner would get the minimum qualifying marks, which is denied. The learned Single Judge, after elaborately considering all materials on record, dismissed the Writ Petition.
2. Challenging the aforesaid judgment, this Writ Appeal has been filed. It is argued by the learned counsel for appellant that the learned Single Judge had not appreciated the case on hand in its proper perspective. Reference is made to the judgment of the Supreme Court reported in Kanpur University through Vice Chancellor and Others v. Samir Gupta and others [(1983)4 SCC 309]. If the answers to certain questions are demonstrated to be incorrect, this Court exercising jurisdiction under Article 226 of the Constitution of India can interfere with the valuation and pass appropriate orders.
3. A perusal of the judgment of the learned Single Judge would clearly indicate that the learned Single Judge has considered the matter in detail and after referring to the judgments relied upon has come to the conclusion that this is a case where the answer keys were published by the UGC, objections were called for, and in respect of questions and answers objections were received, the matter was sent to the Expert Committee and the Expert Committee had confirmed the answers. When such a procedure had been adopted by the UGC, there is no reason why this Court should exercise power of judicial review. We do not find any ground to interfere with the judgment of the learned Single Judge by exercising the appellate jurisdiction.
Under such circumstances, this Writ Appeal is dismissed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE vgs6/11/14 A.M.SHAFFIQUE JUDGE
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Saji Mathew

Court

High Court Of Kerala

JudgmentDate
04 November, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • A R Dileep Sri Manu
  • Sebastian Smt Parvathy
  • Nair