(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)

1. The questions that arise for consideration in this appeal are;

Whether in absence of any guidelines framed by the Advisory Committee of Vadodara Judgeship or by the High Court, the Advisory Committee, Vadodara and the examiners were justified in adopting an evaluation process of the answer books at the competitive recruitment examination of Class-III employees which results in discrimination between the same set of candidates?

II. Whether without intimating the candidates about the criteria of evaluation of answer-books and award of marks, the examiner could examine the extra questions and then arrive at a conclusion that which were the best answers and then take into account the marks of the best answers and award it to the candidate?

III. Whether in a competitive recruitment examination a candidate is entitled to answer more questions than what was required to be answered ?

IV. Whether in a competitive recruitment examination when the question–answer booklet clearly specified that out of 30 questions only 25 are to be answered or out of 8 questions only 5 are to be answered, if a candidate flouts the instructions and a