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SANJAYA KUMAR MISHRA, ANANDA SEN
Sateyndra Kumar Tripathi – Appellant
Versus
state of Jharkhand – Respondent
ORDER :
(Ananda Sen, J.)
1. This intra-court appeal under Clause 10 of the Letters Patent has been filed by the appellant-writ petitioner challenging the order dated 16.12.2021 passed in W.P.(S) No. 4824 of 2009, whereby, the writ petition filed by the petitioner has been dismissed.
2. The learned counsel for the appellant-writ petitioner submitted that the writ petitioner was not allowed to use his own typing machine, rather in the typing examination, he was provided with a machine of the Department, which did not work properly, thus the writ petitioner could not succeed in the typing test. It is his contention that opportunity be given to the petitioner by taking fresh typing test. He further submitted that the condition that the candidates had to arrange their own typing machine is evident from column No. 3 of the result of the written test, published in the newspaper (Annexure-4 at page-28 of the appeal). As per him, the machine, which he arranged was not allowed to be used by the respondents, which itself is illegal and the said fact has been over-looked by the learned Single Judge, thus he prays to set aside the order dated 16.12.2021 passed in the writ petition. He also conten
The court emphasized the importance of meeting eligibility criteria and dismissed grievances raised as afterthoughts.
Candidates must report grievances during exams; failure to do so may bar post-exam relief, establishing that immediate protests are necessary for claims of technical errors.
Candidates participating in a selection process cannot later challenge it based on alleged faults if they did not raise objections during the process.
Courts should refrain from re-evaluating answer sheets or typewriting sheets and should presume the correctness of the criteria applied by the examining authority. The absence of any rule or procedur....
Judicial review cannot extend to the re-evaluation of examination results; courts must respect the evaluators' judgments when properly conducted without clear procedural violations.
Candidates who participate in a selection process without raising objections are estopped from later challenging its fairness.
Candidates participating in a selection process cannot later challenge its fairness or legality.
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