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Judges can't examine answer scripts, order revaluation: SC
5/28/2010 12:09:31 AM
Agencies
New Delhi, May 27: The Supreme Court has held that courts should not examine answer sheets or order re-valuation of the scripts unless there were compelling reasons or the statutory provisions provided for such a remedy. "It was not permissible for the High Court to examine the question paper and answer sheets itself, particularly, when the (Himachal Pradesh Public Service) Commission had assessed the inter-se merit of the candidates," the court ruled. A Bench of Justices B S Chauhan and Swatanter Kumar said any such re-valuation cannot be restricted only to a particular candidate who has approached the court, but such a relief can be provided even for other students. "If there was a discrepancy in framing the question or evaluation of the answer, it could be for all the candidates appearing for the examination" and not for one candidate, the Bench said in its judgement.
The apex court passed the judgement while setting aside a Himachal Pradesh High Court judgement which had directed appointment of Mahesh Thakur to the post of a Civil Judge (Junior Division).
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