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BHARAT P. DESHPANDE, VALMIKI SA MENEZES
Halarnkar Reeha Adish – Appellant
Versus
Hon'ble High Court of Bombay at Goa – Respondent
JUDGMENT :
(Bharat P. Deshpande, J.)
1. Both these petitions are taken up together for final disposal at the admission stage with consent since the issue involved is the same.
2. Rule. Rule is made returnable forthwith. Heard matter finally at the stage of admission with consent.
3. Petitioner in Writ Petition No. 5/2024 is a practicing Advocate who applied for the post of Civil Judge, Junior Division and Judicial Magistrate, First Class in view of the advertisement dated 7.6.2022 (Goa Judicial Service Rules, 2013). Petitioner appeared for the written examination which consisted of two papers, one on the Civil side and other on the Criminal side. Result of the examination was declared wherein the petitioner is shown as passed in paper I (Civil) whereas failed in paper II (Criminal). The petitioner then applied for copies of answer sheets under Right to Information Act which were furnished to her. Being not satisfied with the marks given in paper II (Criminal), she filed present petition basically seeking direction to re-evaluation/re-correction of her paper II (Criminal) of the main examine, on the ground that evaluation was done very strictly and secondly, key answers were not provid
The court upheld the evaluation process of examination papers, stating that without statutory provision for re-evaluation, it cannot interfere unless a clear material error is demonstrated.
The main legal point established in the judgment is that re-evaluation of answer sheets is impermissible as per the advertisement and relevant rules. The court emphasized the importance of uniform ma....
The absence of a provision for re-evaluation in the Rules cannot be challenged unless there are grounds to show that the policy itself is in violation of some statutory provision. Re-evaluation of ex....
Re-evaluation of answer sheets is not permissible in the absence of relevant rules or instructions.
Supreme Court did not give a blanket order for allowing any candidate to approach the Court for re-evaluation at any point of time and restricted relief to those candidates who had approached the Cou....
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