KU. SARSWATEE CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Though the petitioner, by way of present petition, seeks innocuous relief in the nature of a direction to the respondents to decide the representation forming subject matter of Annexure P/6 and P/7; however, through representation, the petitioner seeks revaluation of answer script of Physiology subject in BHMS First Year Examination held in December, 2018, wherein she has failed.

(2.) Learned counsel for the petitioner since fails to commend to any statutory Rule/Regulation as would entitle the petitioner to seek a direction for revaluation of the answer script of Physiology, we are not inclined to direct the Authorities to consider the representation preferred by the petitioner. For an authority that unless and until, there exist provisions and statutory Rule/Regulation for revaluation, a direction cannot be issued, please see : Central Board of Secondary Education vs Khushboo Shrivastava (2014) 14 SCC 523 wherein it is held :

(3.) Similar issue cropped up as to whether in absence of regulation for re-evaluation of answer sheets, a writ can be issued, came up for consideration before the Supreme Court in the case of Ran Vijay Singh vs State of Uttar Pradesh (2018) 2 SCC 357 wherein it is held :