Deeksha Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 2378 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       WP No. 14179 of 2022
                                        (DEEKSHA DUBEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 09-02-2023
                                  Shri Pawan Kumar Sengar - Advocate for petitioner.

                                  Shri Akash Lalwani for Respondent No.2.

Counsel appearing for respondent submitted that writ petition under Article 226 of the Constitution of India, filed by the petitioner is not maintainable in view of the judgment passed by the Apex Court reported in

(2021) 2 SCC 309, (Vikesh Kumar Gupta and Another Vs. State of Rajasthan and Others). Counsel appearing for respondent submitted that Apex Court has given a finding that it is not permissible for High Court to examine question paper and answer sheets itself, particularly, when Commission had asserted interse merit of candidates. Further, it has been observed that court must show deference and consideration to recommendation of expert Committee. It is submitted that in view of order passed by the apex Court, issues regarding revaluation of answer sheets may not be sent to a third expert examiner by High Court, as there is no rule permitting revaluation of answer

sheets.

Faced with aforesaid position of law, counsel appearing for petitioner, prays for short time to argue on said issues.

Prayer is allowed.

List in the week commencing 13.03.2023.

(VISHAL DHAGAT) JUDGE

veni Signature Not Verified Signed by: KRISHNA SINGH Signing time: 2/10/2023 5:04:02 PM

Signature Not Verified Signed by: KRISHNA SINGH Signing time: 2/10/2023 5:04:02 PM