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2022 Supreme(Gau) 1064

IN THE GAUHATI HIGH COURT(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)(ITANAGAR BENCH)
KALYAN RAI SURANA, ROBIN PHUKAN, JJ.
Miss Hage Mamung D/o Hage Ranka – Appellant
Versus
The State Of A.P. And Others – Respondents
WA 12 of 2019
Decided on : 10-02-2022

Advocates:
Advocate Appeared:
For the Appellant :Shri D. Panging, Advocate
For the Respondents: Shri A. Apang, Smt. A. Anju, Shri K. Tari, Adv.

Headnote:

Constitution of India, 1950 – Article 226 – Process of rationalization – Petitioner had approached Court by filing a writ petition, which was registered as W.P. (C) – Upon hearing learned Advocates of both sides and upon considering pleadings of parties and documents placed on record, learned Single Judge was pleased to dismiss said petition vide judgment and order – Held, Court are unable to concur with judgment and order impugned herein – Therefore, court are of the considered opinion that appellant has been able to make out a case for ordering re-evaluation of answer scripts in exercise of power under Article 226 of Constitution of India – In this regard, court find support from the decisions rendered by Supreme Court of India in cases of (i) Manish Ujwal (supra), and (ii) High Court of Tripura (supra) – Court are inclined to set aside the impugned judgment and order, passed by learned Single Judge in W.P.(C) and direct Arunachal Pradesh Public Service Commission (respondent No.3) for re-evaluation of the papers of the appellant and of respondent no. 5 – Appeal allowed.

JUDGMENT :

R.Phukan, J

1. In this Writ Appeal, the appellant has put to challenge the judgment and order dated 05.10.2018 by the learned Single Judge in W.P. (C) No. 62 (AP) of 2018, by which the said writ petition was dismissed as devoid of merit.

2. The factual background leading to filing of this writ appeal is adumbrated herein below:-

    “On 21.09.2016, the Arunachal Pradesh Public Service Commission (‘APPSC’ for short) had issued an advertisement for filing up of 22 (twenty two) posts of Agriculture Development Officer (for short, ‘ADO’). The petitioner, who was pursuing B.Sc. (Honors) (Agriculture) under the Central Agricultural University, Imphal had applied for and was successful in the written examination. She was called for the viva-voce test which was conducted on 3rd & 4th of May, 2017 and 10th of October, 2017. Thereafter, the APPSC has published the result by short listing as many as 22 (twenty two) candidates. However, the petitioner was unsuccessful. Thereafter, the petitioner had filed one RTI application on 31.10.2017, and the concerned authority had furnished her with the answer sheet and statement of marks. According to the petitioner, some anomalies and discrepancies were committed by the authorities in not awarding marks for the correct answers given by her in the written examination in respect of question Nos. 1(a) and 7(b) in the Agriculture Science Paper I, and also in connection with question Nos. 12 and 31 in the General Knowledge paper. It is the contention of the petitioner that had she been awarded marks for the correct answers given by her, then her aggregate marks would have been 280.45, and amongst the short listed candidates, she would have been placed in 2nd position. But, she was given only 241.75 in the written examination and 26.7 marks in viva-voce test, and altogether she was awarded 268.45 marks for which her name did not figure in the select list of 22 candidates. She then submitted a representation dated 14.12.2017, before the respondent No. 3, thereby highlighting the anomalies and enclosing therewith the correct answers to substantiate her claim and made a request for evaluation of marks in (i) General Knowledge, and (ii) Agriculture Science Paper-I. In response, the Deputy Secretary, APPSC vide letter dated 08.02.2018, informed the petitioner that marks were awarded to candidates on the basis of answer keys provided and it was further stated that in the event of re-evaluation of her General Knowledge paper, then the answer script of all the candidates would also have to be re-evaluated and therefore, because of the mistake in answer key provided by the resource person, the authority had taken a decision to award marks against the question Nos. 12 and 31 to all the candidates on pro-rata basis by taking into account the marks obtained by each of the candidates out of 98 questions excluding the question nos. 12 & 31 and it was informed that after such exercise, with corresponding increase in the marks of all the candidates, their respective rank/merit remained the same and as such the petitioner’s name finds no mention in the short listed candidates. But, the respondent authorities remained silent in respect of Agriculture Science Paper No. I, which reflect their mala-fide intention in not awarding marks in question No. 1(a) and 7(b). ”

3. Being aggrieved, the petitioner had approached this Court by filing a writ petition, which was registered as W.P. (C) No. 62 (AP)/2018. Upon hearing the learned Advocates of both the sides and upon considering the pleadings of the parties and the documents placed on record, the learned Single Judge was pleased to dismiss the said petition vide judgment and order dated 05.10.2018.

4. Highly aggrieved by the aforesaid judgment and order, the appellant has preferred this Writ Appeal, amongst others, by projecting that the materials available on record were not appreciated in its proper perspective; and that in view of the admission made by the respondent Nos

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