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SANJAYA KUMAR MISHRA, RONGON MUKHOPADHYAY
Sujata Kumari – Appellant
Versus
State of Jharkhand through its Chief Secretary – Respondent
JUDGMENT :
1. By filing this intra court Appeal, the appellant-writ petitioner has challenged the order dated 01.09.2022 passed by the learned Single Judge in W.P.(S) No. 3575 of 2011, whereby the writ petition filed by the writ petitioner-appellant before the learned Single Judge was dismissed. The appellant-writ petitioner by filing the writ petition has prayed for a direction upon the respondents to consider the application of the writ petitioner for evaluating her answer sheets which is pending before respondent Nos. 3 and 4 since 2006. Further prayer has been made for considering the candidature of the writ petitioner for appointment to civil services posts as the cut-off marks as per the Jharkhand Public Service Commission (JPSC) was 884, whereas, the writ petitioner has secured 879 marks and there has been no re-evaluation of GS-II and therefore, she had been denied her legitimate rights to be appointed to the said post.
2. The respondent-JPSC vide Advt. No.11/2002-03 had published notification of 1st Civil Services Examination, 2003 for appointment to different Civil Posts and pursuant to which the writ petitioner applied for the same and had been issued with the Admit Card.
The court upheld the decision of the respondent-authorities not to consider the appellant's candidature due to discrepancies in the answer sheets.
The main legal point established is that the court will not interfere in cases where malpractices are found, and action should be taken against those responsible.
Appointment – Re-evaluation of answer-sheets of written examination cannot be ordered without any concrete reason.
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.
Constitutional Court cannot by itself re-evaluate the answer scripts.
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