Allahabad High Court
Vivek Kumar vs The High Court Of Judicature At ... on 5 January, 2021
Bench: Munishwar Nath Bhandari, Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 1262 of 2020
Appellant :- Vivek Kumar
Respondent :- The High Court Of Judicature At Allahabad And 3 Others
Counsel for Appellant :- Girish Chandra Maurya,Ram Sheel Sharma
Counsel for Respondent :- Ashish Mishra
Hon'ble Munishwar Nath Bhandari,J.
Hon'ble Rohit Ranjan Agarwal,J.
Order on Exemption Application
The application seeking exemption from filing certified copies of the order of the High Court is allowed.
The defect stands cured.
Let a regular number be given to this appeal.
Order on Memo of Appeal
By this appeal, a challenge is made to the judgment dated 04.11.2020, whereby the writ petition preferred by petitioner was dismissed. The writ petition was preferred by appellant to seek re-evaluation of marks awarded to him in the competitive selection test conducted by the respondents.
The writ petition was dismissed by the learned Single Judge taking into consideration that answer key was published coupled with invitation of objection. The petitioner did not submit objection and accordingly the result was finalised.
Learned counsel for the appellant submits that the marks of the selection test at the first stage were not declared rather it was declared after appearance in the second stage of selection. Appellant was not in know of his marks in the first stage selection test, thus, did not raise any objection to the marks awarded to him. In fact, he has no issue in reference to the answer key rather praying for re-evaluation of the marks as he has been awarded three marks short than deserve.
We have considered the submissions made by learned counsel for the appellant.
Provision for re-evaluation does not exist in the relevant rules and in absence of it, the prayer of the appellant cannot be accepted.
The issue aforesaid is now well settled in view of judgment of Supreme Court in case of Bihar Staff Selection Commission vs. Arun Kumar, (2020) 6 SCC 362. There are otherwise catena of judgments of Supreme Court holding that in the competitive selection test, prayer for re-evaluation of marks cannot be accepted unless a rule for it exist.
The ratio propounded there was based on the theory that in competitive selection, a re-evaluation of copies would create uncertainty and delay in finalisation of selection process and keeping in view the aforesaid and in absence of a provision for re-evaluation, prayer could not have been accepted.
In the light of the facts given above, we do not find reasons to cause interference in the order passed by the learned Single Judge rather for that we have given additional reasons inasmuch even if the marks at the first stage are not disclosed, an application for re-evaluation cannot be made in absence of provision for it.
The appeal is accordingly dismissed.
Order Date :- 5.1.2021
V.S.Singh
