AI Structured Summary
Not yet generated for this judgment
Judgment
T.S. Doabia, J.
Shri H.D. Gupta, Advocate for the petitioner.
Shri R.K. Vasistha, Additional Advocate General for the State.
Heard counsel
The petitioner appeared in an examination which would have enabled her to ultimately seek post of a patwari with the State Government. She appeared in a written test. She obtained 60 marks. For reasons best known to the respondents, her paper was sent for rechecking. On rechecking, the marks were brought down from 60 to 47.
The respondents were directed to produce the answer book. It has been produced. It is a fact that the petitioner did obtain 60 marks, and on rechecking, this marking has been reduced.
Under what authority, rule or regulation, this has been done has not been indicated. All that has been stated is that whenever a candidate obtains 60 marks, then the papers are sent for rechecking. Reliance is being placed on a convention which is not supported by any statutory rule or regulation.
I am of the opinion that the course adopted by the respondent/authorities in reducing the marks from 60 to 47, is arbitrary. A candidate getting 59 marks would be entitled to the same marking whereas a candidate obtaining 60 marks would not be subject to a similar treatment. It W. P. No. 1548 of 1997 decided on 20.11.1997. (Gwalior) can cause grave loss to the candidate. As a matter of fact, this has so happened in the present case. As there is no statutory rule or regulation which permits the respondent-authorities to recheck the answer-books, therefore, the result as declared originally would stand. The case of the petitioner be considered on merits on the basis of the original marking awarded to her.
This petition is allowed in the manner indicated above.