Supreme Court - Daily Orders
Dr Satya Pal Singh vs State Of Uttrakhand And Others. on 20 January, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 815 OF 2014
(Arising from SLP(C) No.5517/2013)
Satya Pal Singh ..Appellant
versus
State of Uttarakhand and others ..Respondents
O R D E R
Leave granted.
In the first/main examination, the appellant herein secured 696 marks out of 1300. He was permitted to appear in the supplementary examination in the subject of B.A.M.S. Surgery in which he secured 197 marks out of 300. However, the marks secured by the appellant in the supplementary examination were not credited to the appellant as, according to the respondents, the result was declared on the basis of the marks obtained in the main examination only. This submissions of the respondents found favour with the High Court and the appellant has not been given the benefit of the marks secured in the supplementary examination.
We are of the considered opinion that the submission made by the respondents and accepted by the High Court is wholly erroneous. The appellant was clearly entitled to include the marks obtained in the supplementary examination for calculating the total number of marks/percentage secured by him in the examination. The very purpose of permitting a person to appear in the supplementary examination is to enable the candidate to improve the earlier result or even to pass the examination in which he may have failed. Therefore, we are unable to accept the argument/submission made by the respondents, as it would be contrary to the underlying policy of permitting candidates to improve their result by appearing in the supplementary examination.
In that view of the matter, the judgment and order passed by the High Court cannot be sustained in law. The same is hereby set aside.
We direct the authorities now to consider the claim of the appellant on the basis of the combined result of the main examination as well as supplementary examination treating the marks as 764 out of 1300 instead of 696 marks out of 1300.
The appeal is allowed in the aforesaid terms. No costs.
........................J.
[SURINDER SINGH NIJJAR]
NEW DELHI; ........................J.
JANUARY 20, 2014. [A.K. SIKRI]
ITEM NO.66 COURT NO.8 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).5517/2013 (From the judgement and order dated 14/03/2012 in WP No.113/2011 of The HIGH COURT OF UTTARAKHAND AT NAINITAL) DR SATYA PAL SINGH Petitioner(s) VERSUS STATE OF UTTRAKHAND AND OTHERS. Respondent(s) (With prayer for interim relief and office report ) Date: 20/01/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURINDER SINGH NIJJAR HON’BLE MR. JUSTICE A.K. SIKRI For Petitioner(s) Mr.Praveen Chaturvedi,Adv.
For Respondent(s) Mr. Rajiv Nanda,Adv.
UPON hearing counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
|(Parveen Kr.Chawla) | |(Saroj Saini) |
|Court Master | |Court Master |
| | | |
[signed order is placed on the file]