Judicial review can be invoked to ensure fairness in evaluation and transparency in competitive examinations, but candidates must establish a legal right to seek re-evaluation.

JUDGMENT :

SHREE CHANDRASHEKHAR, CJ.

Four writ petitions with similar prayers, except an additional prayer in Writ Petition No. 11753 of 2025, seeking re-evaluation and re-calculation of the merit list as per Clause 6.5.1 of the Maharashtra Public Service Commission Rules have been filed by the candidates who appeared in the preliminary examination for the post of Civil Judge (Junior Division) and Judicial Magistrate (First Class).

2. The prayers in Writ Petition No. 11753 of 2025 are reproduced below:-

“(a) Issue a Writ of Mandamus or any other appropriate writ, order, or direction in the nature thereof directing Respondents to furnish to the Petitioner the copies of his evaluated answer sheets pertaining to the Civil Judge (Junior Division) Judicial Magistrate (First Class) Competitive Main Examination-2022;

(b) Declare that the action of Respondents in unilaterally disposing of his RTI Application for providing the evaluated answer sheets to the Petitioner as illegal, arbitrary, unconstitutional, and violative of the Petitioner’s fundamental rights under Articles 14, 19(1)(a), and 21 of the Constitution of India.

(c) Issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature thereof, directing the Respondents to Moderate/re-evaluate the answer sheet of the Petitioner for the Civil Judge (Junior Division) Judicial Magistrate (First Class) Competitive Main Examination–2022 and accordingly correct the marks awarded, in the interest of justice and fairness.

(d) This Hon’ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction commanding Respondent No.2 to re-evaluate and recalculate the merit list by correctly applying the Priority Order criteria under clause 6.5.1, particularly considering the Petitioner’s MBA degree dated 2015 instead of LL.M. degree dated 2020 for determining his priority ranking, and to place the Petitioner at his correct and rightful position in the merit list and declare him selected for the post of Civil Judge (Junior Division) Judicial Magistrate (First Class).

(e) Pending the hearing and final disposal of this Petition, the Petitioner prays that this Hon’ble Court be pleased to direct the Respondent No.2 to keep one post vacant in the Civil Judge (Junior Division) and Judicial Magistrate (First Class) Competitive Main Examination-2022, until the final disposal of the present matter;

(f) Pending the hearing and final disposal of the present writ petition, this Hon’ble Court may be pleased to direct the Respondents to preserve the answer sheets of the Petitioner for the Civil Judge (Junior Division) and Judicial Magistrate (First Class) Competitive Main Examination-2022 and stay any further recruitment process based on the results of the said examination until the moderation/ reevaluation of the Petitioner’s Answer sheets is completed, in the interest of justice and equity.

(g) Ad interim relief in terms of prayer clause (d), (e), and any other relief as this Hon’ble Court deems fit in the interest of Justice.

(h) Award costs of this Petition in favour of the Petitioner.

(i) Pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the case.”

3. These petitioners who could not make to the select list of the qualified candidates published by the respondent no.2 are seeking a direction to the respondent-Authority to furnish them their answer- books. The petitioners have taken a plea that the decision of the respondent-Authority not to provide the answer-books through RTI is illegal, arbitrary and unconstitutional. The petitioners state that such decision of the respondent-Authority is violative of their f