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MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Shambhu Nath Mishra – Appellant
Versus
Union of India – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed against the order dated 07.02.2024 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the ‘learned C.A.T.) in O.A. No. 050/00332/2016 whereby and whereunder the original application filed by the petitioner herein has been dismissed being devoid of merit.
2. The short facts of the case according to the petitioner are that he is employed as Sr. S.O. (A) at East Central Railway, Hajipur. The office of the Financial Advisor and the Chief Accounts Officer (hereinafter referred to as the “FA & CAO”), Hajipur had issued a notification dated 22.05.2014 regarding holding of Limited Departmental Competitive Examination (hereinafter referred to as the “L.D.C.E.”) for forming a panel of Assistant Financial Advisor (Group-B) from amongst the Group-C eligible staff of Accounts Department against 30% vacancy of the year 2010-12. The petitioner had offered his candidature to appear in the L.D.C.E. which was allowed and then he had appeared in the examination held on 23rd and 24th of August, 2014, whereafter the result was declared on 09.10.2014 but the name of the petitioner was not show
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....
Court is to presume the correctness of answer key and proceed on that assumption. In the event of any doubt, benefit should go to the examination authority rather than to the candidate.
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....
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....
The Court cannot interfere with expert opinion unless key answers are patently wrong, and there is no provision for re-evaluation.
Re-evaluation of answer scripts – In absence of any provision for re-evaluation in relevant rules, examinees have no right to claim or demand re-evaluation – Sympathy or compassion does not play any ....
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