Madhya Pradesh High Court
Saumya Gupta vs High Court Of M.P. on 24 August, 2021
Author: Prakash Shrivastava
1
W.P. No.15172/2021
THE HIGH COURT OF MADHYA PRADESH
W.P. No.15172/2021
(Saumya Gupta and others vs. High Court of Madhya Pradesh and another)
JABALPUR DATED :24.08.2021
Shri Prashant Manchanda, Ms. Aditi Sharma and Shri Mohit
Saroha, learned counsel for the petitioners.
Shri Anshuman Singh, learned counsel for the respondents.
Heard.
By this writ petition, the petitioner has prayed for a direction to
the respondents to recompute the marks obtained by all the candidates
who had appeared in Civil Judge Class-2 (Entry Level) Online
Preliminary Exam - 2019 (Phase II).
2. The submission of learned cousnel for the petitioners is that this
Court by order dated 14.07.2021 passed in WP No.11049/2021 had
appointed a Committee of two retired High Court Judges for the
purpose of re-examining the model answersheet of the questions about
which the grievance was raised in those petitions and had directed the
respondents to prepare a fresh select list for permitting the candidates to
appear in the main examination on the basis of the ratio of the judgment
of the Supreme Court in the case of Pallav Mongia vs. Registrar
General, Delhi High Court passed in Civil Appeal No.4795/2012 by
order dated 28.05.2012 but the respondents have not recomputed the
marks of all the candidates and have not given full effect to the
judgment of the Supreme Court in the case of Pallav Mongia(supra).
He further submits that the cut-off marks of 115 of the original list of
unreserved candidate has not been changed whereas if full effect is
given to the judgment of the Supreme Court in the case of Pallav
Mongia(supra) then the cut-off marks will come down and the
W.P. No.15172/2021
petitioner No.1 and other petitioners who have obtained 114 marks or
slightly less marks will also be included in the list of candidates eligible
to appear in the main examination.
3. Shri Anshuman Singh, learned cousnel for the respondents has
informed the Court that since there was some difficulty in giving full
effect to the judgment of the Supreme Court in the case of Pallav
Mongia(supra), therefore, the Review Petition No.633/2021 was filed
before this Court and on the basis of decision of Review Petition,
recomputation of marks will be done by giving full effect to the
judgment of the Supreme Court in the case of Pallav Mongia(supra).
4. We have heard the learned cousnel for the parties and perused the
record.
5. The connected Review Petition No.633/2021 has been decided by
this Court today by a separate order. Learned counsel for the
respondents does not dispute that on the basis of the order passed by
this Court in the Review Petition, now recomputation of marks will be
done. Such a recomputation will take care of the grievance of the
petitioners herein.
6. Hence, the present writ petition is disposed of granting liberty to
the respondents to recompute the marks on the basis of the order passed
in the Review Petition No.633/2021 today by giving full effect to the
judgment of the Hon'ble Supreme Court in the case of Pallav
Mongia(supra) and prepare a fresh list of the candidates who are
eligible to appear in the main examination.
(Prakash Shrivastava) (Vishal Dhagat)
Judge Judge
YS
Digitally signed by YOGESH KUMAR SHRIVASTAVA
Date: 2021.08.25 18:09:39 +05'30'
