BHUSHAN UTTAM KHARE versus DEAN, B.J. MEDICAL COLLEGE AND ORS.

BHUSHAN UTTAM KHARE versus DEAN, B.J. MEDICAL COLLEGE AND ORS.

The Court held that in absence of compelling justification courts should not interfere in the autonomous functioning of educational authorities; Ordinance 146 permits amendment of examination results, including cancellation and second revaluation; the University acted within powers, having sufficient material for its actions.

Parties
Petitioner: Bhushan Uttam Khare; Respondents: Dean, B.J. Medical College and Ors.
Jurisdiction
India
Judgment Date
28 January 1992
Procedural Posture
Special Leave Petition (civil) / Final Disposition on SLP
Outcome
Petition dismissed
Legal Topics
University Examinations, Revaluation of Answer Books, Powers of Educational Authorities
Education Law University Examinations Revaluation of Answer Books Powers of Educational Authorities

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Parties

Bhushan Uttam Khare

Petitioner

Dean, B.J. Medical College and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Disposition on SLP

Legal Issues

  1. 1 Whether a second revaluation of answer books is permissible under the University Ordinances
  2. 2 Whether the cancellation of an earlier revaluation and direction for a second revaluation is valid
  3. 3 Whether the action of the Executive Council is arbitrary or illegal

Ratio Decidendi

The Court held that in absence of compelling justification courts should not interfere in the autonomous functioning of educational authorities; Ordinance 146 permits amendment of examination results, including cancellation and second revaluation; the University acted within powers, having sufficient material for its actions.

Court Disposition

Petition dismissed

Orders

  • Special leave petition is dismissed.
  • Petitioner's case to be duly considered for Post-Graduate Course selection.