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2018 Supreme(Sikk) 67

BHASKAR RAJ PRADHAN
Dipendra Adhikari – Appellant
Versus
State of Sikkim Through the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner:Dr. Doma T. Bhutia, and Ms. Preeti Chhetri, Advocates, Mr. Sangay G. Bhutia and Ms. Mon Maya Subba, Advocate
For the Respondent:Ms. Pollin Rai, Assistant Government Advocate, Mr. Bhushan Nepal, Advocate, Mr. N. Rai, Senior Advocate with Ms. Tamanna Chhetri and Ms. Malati Sharma, Advocates

ORDER :

Bhaskar Raj Pradhan, J

1. The Writ Petition filed by the Petitioner seeks to challenge the selection and subsequent appointment of the Respondent No.4 to the post of Under Secretary in the Government of Sikkim. The Petitioner prays for an expert committee to re-examine the official answer keys for the subject of philosophy for seven questions, re-evaluation of the ‘OMR’ sheets of the Petitioner for the seven questions on the basis of the answer keys as finalised by the expert committee to be constituted, appointment of the Petitioner to the post of Under Secretary and cancellation of the appointment of the Respondent No.4. The challenge is on two primary grounds. The Petitioner alleges that the Respondent No.4 did not have the Other Backward Class certificate at the relevant time of submission and therefore, his selection was bad in law. The Petitioner also alleges that some of the answer keys provided in the written examination were incorrect due to which he had lost marks. After obtaining information when representation was made to the concerned authorities four marks w

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