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Vikramajit Yadav vs Union Of India Through The Secretary on 11 April, 2012 cites

Maharashtra State Board Of Secondary ... vs Paritosh Bhupesh Kumar Sheth Etc on 17 July, 1984

6. The question arises for consideration in this O.A is about revaluation or re-examination of answer sheets. The issue of re-evaluation of answer book is no more res integra. This issue was considered at length by Honble Supreme Court in the case of Maharashtra State Board of Secondary and Higher Secondary Education & Anr. Vs. Paritosh Bhupesh Kurmarsheth etc.etc. AIR 1984 SC 1543, wherein Honble Apex Court rejected the contention that in absence of provision for re-evaluation, a direction to this effect can be issued by the Court. Apex Court further held that even the policy decision incorporated in the Rules/Regulations not providing for rechecking/verification/re-evaluation cannot be challenged unless there are grounds to show that the policy itself is in violation of some statutory provision. The Apex Court held as under:
Supreme Court of India Cites 20 - Cited by 990 - V B Eradi - Full Document

Dr. Muneeb Ul Rehman Haroon And Ors vs Government Of Jammu And Kashmir State ... on 13 August, 1984

..........It is exclusively within the province of the legislature and its delegate to determine, as a matter of policy, how the provisions of the Statute can best be implemented and what measures, substantive as well as procedural would have to be incorporated in the rules or regulations for the efficacious achievement of the objects and purposes of the Act... .......The Court cannot sit in judgment over the wisdom of the policy evolved by the legislature and the subordinate regulation-making body. It may be a wise policy which will fully effectuate the purpose of the enactment or it may be lacking in effectiveness and hence calling for revision and improvement. But any draw-backs in the policy incorporated in a rule or regulation will not render it ultra vires and the Court cannot strike it down on the ground that in its opinion, it is not a wise or prudent policy, but is even a foolish one, and that it will not really serve to effectuate the purposes of the Act......... A similar view has been reiterated by Honble Supreme Court in Dr. Muneeb Ul Rehman Haroon & Ors. Vs. Government of Jammu & Kashmir and Ors  AIR 1984 SC 1585 and Board of Secondary Education Vs. Pravas Ranjan Panda and Anr (2004) 13 SCC 383.
Supreme Court of India Cites 3 - Cited by 107 - Y V Chandrachud - Full Document

The President Board Of Secondary ... vs D. Suvankar & Anr on 14 November, 2006

8. A similar view has been reiterated in President, Board of Secondary Education, Orissa & Anr. Vs. D. Suvankar & Anr. (2007) 1 SCC 603; The Secretary, West Bengal Council of Higher Secondary Education Vs. Ayan Das & Ors. AIR 2007 SC 3098; and Sahiti & Ors. Vs. Chancellor, Dr. N.T.R. University of Health Sciences & Ors. (2009) 1 SCC 599. Thus, the law on the subject emerges to the effect that in absence of any provision under the Statute or Statutory Rules/Regulations, the Court should not generally direct revaluation.
Supreme Court of India Cites 2 - Cited by 201 - A Pasayat - Full Document

The Secretary, West Bengal Council Of ... vs Ayan Das & Ors on 28 September, 2007

8. A similar view has been reiterated in President, Board of Secondary Education, Orissa & Anr. Vs. D. Suvankar & Anr. (2007) 1 SCC 603; The Secretary, West Bengal Council of Higher Secondary Education Vs. Ayan Das & Ors. AIR 2007 SC 3098; and Sahiti & Ors. Vs. Chancellor, Dr. N.T.R. University of Health Sciences & Ors. (2009) 1 SCC 599. Thus, the law on the subject emerges to the effect that in absence of any provision under the Statute or Statutory Rules/Regulations, the Court should not generally direct revaluation.
Supreme Court of India Cites 4 - Cited by 228 - A Pasayat - Full Document

Sahiti & Ors vs Chancellor,Ntr.Univ.Of Health Sc.& ... on 22 October, 2008

8. A similar view has been reiterated in President, Board of Secondary Education, Orissa & Anr. Vs. D. Suvankar & Anr. (2007) 1 SCC 603; The Secretary, West Bengal Council of Higher Secondary Education Vs. Ayan Das & Ors. AIR 2007 SC 3098; and Sahiti & Ors. Vs. Chancellor, Dr. N.T.R. University of Health Sciences & Ors. (2009) 1 SCC 599. Thus, the law on the subject emerges to the effect that in absence of any provision under the Statute or Statutory Rules/Regulations, the Court should not generally direct revaluation.
Supreme Court of India Cites 2 - Cited by 197 - J M Panchal - Full Document
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