ORDER :

1. The petitioner has filed the present writ petition claiming the following reliefs:-

“10.1 This Hon’ble Court may kindly be pleased to issue a writ/order or direction calling for the records of the selection process of Civil Judge (Entry Level) 2008 conducted by the respondent no.1

10.2 The Hon’ble Court may kindly be pleased to issue a writ/order or direction to valuate the page 11 and 12 of the answer sheet of the petitioner which relates the charge framing part of question no.2, should be valued by the subject expert and allotted marks on it.

10.3 The marks in answer of question no.1 and 3 of the petitioner may kindly be pleased to enhance in view of marks given to other candidates.

10.4 This Hon’ble Court may kindly be pleased to give benefits to the petitioner by selecting her if her marks are increased and if increased marks are sufficient to select the petitioner in the final selection list. It is also humbly prayed that, if the selected candidates are posted, then a new post should be created and the petitioner should be appointed on it.”

2. The brief facts as reflected from record are that on 01.02.08 respondent No. 2 issued an advertisement for filling up 60 posts in the cadre of Chhattisgarh Lower Judicial Services. The 31 posts were for unreserved category, for SC category 9 posts, for ST category 11 posts and for OBC candidates 8 posts were reserved. The petitioner participated in the said examination. The petitioner cleared the preliminary examination and appeared in the main examination, which was conducted on 13.07.2008. The petitioner was also qualified the main examination securing 49 marks out of 100 marks in the written examination and as such she was qualified for interview also. The other candidates who had secured 48 marks out of 100 marks were also declared as qualified for interview as evident from list published by the High Court.

3. Respondent No. 1 conducted the interview from 23.08.2008 to 04.09.2008. Respondent No. 1 issued final selection list of 60 candidates (Annexure P-5). The petitioner has secured 56 marks including marks obtained in the written examination and in the interview. The petitioner belongs to General Category and as per the list, the last candidate selected in general category has secured 62 marks which inclusive of written examination and interview.

4. The petitioner was not satisfied with the marks in the written examination, as such, she applied for answer sheets and model answer under Right to Information Act. On perusal of the answer sheet, it was revealed to her that question No. 2 at page 11 & 12 has not been evaluated, consequently no marks have been awarded whereas question No. 2 of other candidates have been evaluated and marks were awarded to them. The petitioner has also annexed Model Answer, Answer sheet of petitioner and Answer sheet of other candidates as Annexure P/6 to P/8. Thereafter on 15.12.2008 petitioner submitted an application before respondent No.1 to evaluate the part of question No. 2 which has not been evaluated (Annexure P-9). On 24.12.2008 the application filed by the petitioner was rejected. On the above factual matrix, the petitioner has filed present writ petition on 28.01.2009 for the relief as mentioned above.

5. Respondent No. 1 has filed its return denying the allegations made in the writ petition mainly contending that the petition suffers from delay and latches since prior of filing of petition the selection process has already been completed and order of appointment was issued vide order dated 08.12.2008. It has been further contended that the examination was conducted under ‘Chhattisgarh Lower Judicial Services (Recruitment and Condition of Services) Rules 2006 wherein there is no provision available under the said rules entitling the petitioner to seek such direction for revaluation of her answer sheet as evident from clause 17 of the advertisement, which reads as under:-

^^mPp U;k;ky; dh ijh{kk Á.kkyh esa iquewZY;kadu dk dksbZ Áko/kku u