MANMOHAN, ASHA MENON
Beem Singh Rawat – Appellant
Versus
High Court Of Delhi – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
2. Present writ petition has been filed for issuance of directions to the respondent to re-evaluate and re-check the answer sheet of the petitioner and to re-compute the eligibility/ merit list of the Junior Judicial Assistant/Restorer (Department) Examination, 2019. Petitioner also prays for an interim order to allow him to appear for the English typing test to be held on 14th March, 2021.
3. Learned counsel for the petitioner states that the petitioner was recruited on the rolls of respondent establishment as process server and is presently posted with the Delhi High Court Establishment. He further states that the petitioner appeared for the Junior Judicial Assistant/Restorer (Department) Examination, 2019 and when he didn't qualify the same, he sought the answer sheet vide RTI application. He points out that the petitioner made a representation dated 1st February, 2021 citing five questions (being question nos. 3, 5, 9, 10 and 25) that had been erroneously marked wrong, but the same have been rejected vi
H.P. Public Service Commission vs. Mukesh Thakur
Limited scope for judicial interference in examination results and the presumption of correctness of key answers.
Judicial interference in examination results is limited to rare situations where a clear material error is established; courts should not reassess answers without evident justification.
Re-evaluation is not permissible if the rules do not permit it, even under Article 226 of the Constitution of India.
Courts should refrain from re-evaluating answer sheets or typewriting sheets and should presume the correctness of the criteria applied by the examining authority. The absence of any rule or procedur....
Re-evaluation of answer sheets is not permissible in the absence of relevant rules or instructions.
Point of Law : Practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in relevant rules for re-evaluation and tha....
Absolute prohibition against re-evaluation in the rules prevails, and candidates cannot seek re-evaluation contrary to the rules after participating in the selection process.
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