High CourtsDivision Bench(2006) 04 CHH CK 0034

Ramesh Kumar Singh vs Chattisgarh Public Service Commission and Another

Chhattisgarh High Court · Decided on 5 April 2006

HON’BLE JUDGES
S.R. Nayak, C.J
CASE NUMBER
Writ Petition No. 1624 of 2006

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Judgment

4 paragraphs · 341 words

S.R. Nayak, CJ.

1.

The point that arises for decision-making in all these writ petitions is common. Therefore, all these writ petitions were heard together for admission.

2.

It was contended by the learned counsel for the petitioners that all the petitioners are quite meritorious and in fact, they have secured high percentage of marks in all subjects except in General Studies. It is stated that the petitioners have done well in General Studies also and it is quite surprising how they could be awarded with lower percentage of marks in that subject. In view of this self-assessment of the petitioners and apprehending that their answer-scripts in General Studies were not properly valued, the petitioners have sought intervention of the Court.

3.

I do not think that the petitioners have made out any ground for judicial review. The self-assessment of the petitioners that they would have got more marks than what is awarded to them in General Studies, is totally irrelevant for the decision-making. The self-assessment cannot be equated to objective assessment made by the respondent- authorities. Secondly, both in terms of human experience and logic, it cannot be said that simply, because, a student has secured high percentage of marks in a subject, he should necessarily on naturally secure high percentage of marks in all other subjects also. Thirdly, it is fairly well settled by the judgment of the Supreme Court in Maharashtra State Board of Secondary and Higher Secondary Education and Another Vs. Paritosh Bhupeshkumar Sheth and Others, the answer-scripts cannot be summoned before the Court either for perusal or for directing second revaluation unless the regulations provide for it. Be that as it may, there is absolutely no material placed before the Court on the basis of which the Court could possibly doubt the fair valuation of the answer-scripts of the petitioners in General Studies. Cumulatively, if I may say so, these are not fit cases where the Court should step in under Article 226 of the Constitution of India. The writ petitions are, therefore, dismissed. No costs.