JUDGMENT :

N. Kotiswar Singh, J

Heard Mr. T.J. Mahanta, learned Senior Standing Counsel, Assam Public Service Commission (APSC) assisted by Mr. P.P. Dutta and Ms. P. Sharma, learned counsel appearing for the appellants. Also heard Mr. Nilayananda Dutta, learned Senior Counsel assisted by Mr. A. Phukan and Ms. S. Sarma Hazarika, learned counsel for the respondent No.1/writ petitioner and Ms. M. Bhattacharjee, learned Govt. Advocate, Assam for the State/respondent No.2.

2. The present appeal has been preferred against the order dated 20.08.2018 passed by the Ld. Single Judge in W.P.(C) No. 5576 of 2017 by which the Ld. Single Judge allowed re-evaluation of a competitive examination paper and award of additional marks in respect of certain indisputably correct answers given by the candidate writ petitioner, for which no marks were awarded by the examiner.

3. For better appreciation of the issues involved, it would be apposite to refer to certain basic facts of the case.

FACTS IN BRIEF

4. The Assam Public Service Commission (APSC), the Appellant herein, conducted the competitive examinations in 2015, namely, the Combined Competitive Examination (CCE), 2015 for recruitment to various posts of