VIKRAMAJIT SEN, C.NAGAPPAN
SUJASHA MUKHERJI – Appellant
Versus
HON’BLE HIGH COURT OF CALCUTTA THROUGH REGISTRAR – Respondent
JUDGMENT
VIKRAMAJIT SEN, J.
Leave granted.
2. Succinctly stated the significant and singular facts of the case are that the Writ Petitioner/Appellant was placed in the second position of the Written Test for recruitment to the cadre of the District Judge (Entry Level) through Direct Recruitment from the Bar-2012. Had her marks not been moderated from 55 per cent to 37 per cent in Paper No. II her aggregate marks would have been 307 which is higher than the candidate at Serial No. 1 by 6.5 marks; in other words, she was the topper in the Written Test comprising 5 papers. After moderation was carried out, [which it appears was conducted only in respect of Paper No. II], she stood disqualified from further consideration, i.e appearing for the final stage of selection, viz., the Interview/viva voce for the reason that obtainment of minimum marks of 40 per cent in each paper was the pre-requisite for being called for the Interview. These facts have struck us as extremely significant for the reason that a candidate who stood First in the Written Examination (in five papers) has not been found suitable for even being called for the final step in recruitment, i.e the Interview. It has been as
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