Single judge dismissed a writ petition seeking rechecking of examination papers, holding the petition barred by unexplained delay, laches, and negligence, citing Supreme Court precedent.
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Date of Decision: January 03, 2018
ROHIT DESHPANDE ..... Petitioner Through: Mr. Vibhakar Mishra, Advocate
Versus
NAVODAYA VIDYALAYA SAMITI & ANR. .....Respondents Through: Mr. Ruchir Mishra, Mr. Mukesh Kumar Tiwari and Mr. Abhishek Rana, Advocates for respondents No.2
CORAM: HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
ORAL
Page 1 of 2
W.P.(C) 11689/2017
jurisdiction. Delay howsoever long can be condoned only when sufficient cause is shown. Unless satisfactory or reasonable explanation for delay is furnished, the delay cannot be condoned, in view of the pertinent observations made by the Supreme Court in Ashok Kumar (Supra). The instant case is hit by unexplained delay and laches and gross negligence, as petitioner had not resorted to rechecking or re-evaluation of the examination paper in question.
SUNIL GAUR (JUDGE)
JANUARY 03, 2018
r
Page 2 of 2
W.P.(C) 11689/2017
1 issue framed by the court
Whether a petition seeking rechecking of examination papers is maintainable despite unexplained lapse of over three years due to delay and laches?
Colour shows how this judgement treated each authority
(2012) 3 SCC 311Referred¶12
Rohit Deshpande
Navodaya Vidyalya Samiti
Sunil Gaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
