Dharmender Grewal v. University Grants Commission - (High Court of Delhi) (14 Jul 2015)

Petitioner must show impinging of right, not demand creation anew, to invoke jurisdiction under Article 226

MANU/DE/2269/2015

Education

In claim that the Petitioner's error in shading the wrong code of the test booklet should have been corrected by the invigilator, the High Court found no such requirement in the rules of the examination. Noting the Petitioner's failure to establish a right to have his answer sheet re-evaluated, the Court opined that the grievance itself was attributable to the Petitioner and was not irreparable, owing to the recurring nature of the examination. The Court reiterated that unless the relief sought was established, no direction or order could be issued by the Court under Article 226 of the Constitution.

Relevant : Article 226 Constitution of India, 1950 Act State of Orissa Vs. Ram Chandra Dev and Mohan Prasad Singh Deo MANU/SC/0279/1963 State of Maharashtra Vs. Prabhu MANU/SC/0648/1994 State of Orissa Vs. Mamata Mohanty MANU/SC/0110/2011

Tags : EXAMINATION ERROR EXISTING RIGHT ARTICLE 226