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MANASH RANJAN PATHAK
Shalini Khan, D/o. Sri Robin Khan – Appellant
Versus
State Of Assam, rep. By The Chief Secretary To The Govt Of Assam – Respondent
JUDGMENT :
1. Heard Mr. Kamal Nayan Choudhury, learned Senior counsel, assisted by Mr. Preetam Mahanta learned counsel for the petitioners in WP(C) No. 3341/2019 and WP(C) No. 3344/2019 as well as for the private respondent Nos. 5 to 8. Also heard Mr. Nilayananda Dutta, learned Amicus Curiae and Senior Counsel, Mr. Ranjit Kumar Deb Choudhury, learned Senior Government Advocate, Assam for the State Respondent, Mr. Tanmay Jyoti Mahanta, learned Senior Counsel and Standing Counsel, Assam Public Service Commission, assisted by Mr. Pankaj Pratim Dutta for the respondents in the Assam Public Service Commission.
2. Brief facts of the case are as follows:
The respondent Assam Public Service Commission vide No. 38.PSC/E-24/2017-18 dated 17.05.2018 issued the Advertisement No. 09/2018 informing that it will hold the Preliminary Examination of the Combined Competitive Examination, 2018 for screening candidates for the Main Examination for recruitment to the services/posts as per the actual number of vacancies as notified in accordance with the Assam Public Services Combined Competitive Examinat
As per said 1989 statutory Rules, one of essential conditions is that to be qualified for admission to Main Examination of Combined Competitive Examination, one has to qualify Preliminary Examination....
The court established that the condition of passing the Preliminary Examination is mandatory, but equitable relief can be granted based on performance in subsequent stages.
Supreme Court did not give a blanket order for allowing any candidate to approach the Court for re-evaluation at any point of time and restricted relief to those candidates who had approached the Cou....
Judicial review in matters of academic evaluation is limited, and courts should defer to expert opinions unless there are specific provisions allowing for re-evaluation.
Judicial review is justified in cases of demonstrable error in examination answer keys, ensuring fair evaluation and selection processes.
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