IMPORTANT POINT
In absence of a specific provision conferring a right upon an examinee to have his answer books re-evaluated, no such direction can be issued.

JUDGMENT

G.P. Mathur, J.-Leave granted.

2. The writ petitioner has preferred this appeal by Special Leave against the judgment and order dated 16.4.2003 of a Division Bench of Patna High Court by which the Letters Patent Appeal preferred by Bihar Public Service Commission (hereinafter referred to as the Commission ) was allowed and the judgment and order dated 11.9.2001 of a learned Single Judge whereby a direction was given to the Commission to reconsider the case of the appellant after treating his marks in the General Service paper as 63 was set aside.

3. For holding the Judicial Services (Competitive) Examination, 1999, the Commission issued an advertisement on 19.4.1999. The appellant appeared in the written examination which was held from 25th to 31st January, 2000. After the viva voce examination, the final result was declared on 6.8.2000. The appellant did not qualify in the written examination and was not called for interview. A copy of the mark-sheet was sent to him on 1.1.2001. He applied for scrutiny of his marks in General Science paper wherein he had secured 35 marks. The Commission found that there was no mistake and, accordingly, an intimation to that effect was sent to him on 18.7.2001. Thereafter, the appellant preferred a writ petition in the High Court wherein the main prayer made was that a direction be issued to the Commission to re-evaluate his General Science paper. It was averred in the writ petition that he had secured very good marks in all other papers, namely, General Hindi, General Knowledge, Law of Evidence & Procedure, Transfer of Property and Personal Law etc., and had also answered the questions in General Science paper correctly and, therefore, he should have been awarded much higher marks in the said paper.

4. In the counter affidavit filed by the Commission before the learned Single Judge it was pleaded that in the rules, there was only a provision for scrutiny and there was no provision for re-evaluation of the answer-books. The appellant had applied for scrutiny of his marks in General Science paper which was done and no mistake had been found and the marks remained the same, namely, 35. It was further pleaded that a centralized mode of evaluation is adopted by the Commission wherein examiners approved and selected by the Commission are required to examine the answer-books under the guidance of a Head Examiner. In order to avoid vagaries of wide difference in standard in awarding marks, the Bihar Public Service Commission follows the pattern of Union Public Service Commission wherein the Head Examiner with the assistance of other examiners prepares a model answer and this is used as guidance by all other examiners while examining the answer-books, and by this process a uniform standard in awarding marks is maintained. It was also submitted that in absence of any provision in the rules for re-evaluation of the answer-books, the said exercise cannot be done and any direction for re-evaluation will open a floodgate for other candidates to come out with similar plea which will ultimately cause a great delay in declaring the final result.

5. The learned Single Judge issued a direction to the Commission to produce the answer-book of the appellant of General Science paper after he had deposited an amount of Rs. 5000/- by way of security. The answer-book was shown to the standing counsel for Patna University, who apparently had science background, and, he was of the opinion that the appellant deserved more marks. The learned Single Judge then directed the standing counsel for the Patna University to have the answer-book re-evaluated by expert teachers through the Principal, Science College, Patna. A photocopy of the answer-book (after blacking out the marks awarded by the examiner of the Commission) was handed over to the said counsel. After fresh evaluation of the answer-book by two experts, viz., a Physics teacher and a Biology teacher of Patna Science College, the answer-book was returned to the C