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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. Unni Krishnan Nair
Miss Nang Gamno, D/o Susung Gamno – Appellant
Versus
State of A.P Represented By The Chief Secretary , Govt. Ofap, Itanagar – Respondent
| Table of Content |
|---|
| 1. background of the selection process (Para 2 , 3) |
| 2. claims of the petitioner regarding marking errors (Para 4 , 5 , 6) |
| 3. respondent's rebuttal to petitioner's claims (Para 7 , 8) |
| 4. court's focus on respondent no. 3's appointment (Para 10 , 11) |
| 5. analysis of specific examination questions (Para 12 , 13 , 14) |
| 6. evaluating petitioner's score adjustments (Para 15 , 16 , 17) |
| 7. examination of alleged wrong answers by respondent no. 3 (Para 18 , 19 , 20) |
| 8. legal principle regarding the answer key's validity (Para 21 , 22 , 23) |
| 9. final decision to dismiss the petition (Para 24) |
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. D. Kamduk, learned counsel for the petitioner. Also heard Ms. G. Ete, learned Additional Senior Government Advocate for the respondent Nos. 1 & 2 and Mr. S. Koyang, learned counsel for the respondent No. 3.
2. The challenge presented by the petitioner in the present proceeding is to the selection and appointment of the respondent No. 3, as a Lower Division Clerk (LDC) effected vide order, dated 29.08.2017, in the establishment of the Deputy Commissioner, Lohit District, Tezu.
3. Brief facts requisite for adjudication of the issues arising in the present pet
The Answer Key for a selection test is presumed correct unless clearly demonstrated to be wrong, and without such proof, courts will not interfere with selection outcomes.
The Department must uniformly apply corrections to examination scoring errors to all affected candidates, ensuring no discrimination and timely relief without waiting for individual petitions.
The court affirmed that candidates in public examinations are entitled to fair evaluation, allowing corrections for clear marking errors to ensure just treatment.
Courts should be cautious in interfering with the evaluation process and expert opinion, especially after a significant period has passed.
The court established that discrepancies in examination marking must be addressed fairly for all candidates, emphasizing the importance of accurate answer keys in recruitment processes.
Glaring illegalities in the selection procedure can be challenged, and the Court has the authority to set aside the selection process and direct a restart in accordance with the applicable rules.
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