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RAVI MALIMATH, VISHAL MISHRA
JAYVARDHAN PANDEY – Appellant
Versus
HIGH COURT OF MADHYA PRADESH – Respondent
ORDER RAVI MALIMATH, C. J. : – For the reasons assigned therein, I. A. No. 8898 of 2022 is allowed. The office objection regarding filing of typed copy is overruled.
2. The case of the petitioner (in person) is that he appeared for the preliminary exam for the post of Civil Judge Class-II Entry Level 2019 (Phase-2) Exam. He cleared the preliminary exams. He appeared in the main exam. Thereafter he was called for an interview. Final results were declared on 26th of April, 2022. The petitioner’s name was not found in the said list. Thereafter he applied for certified copies of the answer sheets through the Right to Information Act, 2005. In the interregnum, the respondent/High Court declared the score card of the candidates. The petitioner found out that even though he cleared the interview after having secured the minimum 20 marks out of 50, he fell short by 4.5 marks in the final selection to the aforesaid posts. Thereafter he obtained certified copies of the answer sheets of the main exam. He found that there were patent errors committed by the valuers of the Examination Cell insofar as at least three answer sheets of the petitioner are concerned. Being aggrieved by such an errone
Re-evaluation is not permissible if the rules do not permit it, even under Article 226 of the Constitution of India.
Point of Law : if a statute, Rule or Regulation governing an examination does not permit re-evaluation or scrutiny of an answer sheet (as distinct from prohibiting it) then the Court may permit re-ev....
Re-evaluation of answer sheets is not permissible in the absence of relevant rules or instructions.
Point of Law : Practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in relevant rules for re-evaluation and tha....
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