Madhya Pradesh High Court
Sourabh Singh Chouhan vs High Court Of Madhya Pradesh on 31 January, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 31 st OF JANUARY, 2023
WRIT PETITION No. 19192 of 2012
BETWEEN:-
SOURABH SINGH CHOUHAN S/O SHRI R.B. SINGH,
AGED ABOUT 26 YEARS, H.NO. 17/407, SOURABH SADAN,
NARENDRA NAGAR, REWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI UMESH TRIVEDI - ADVOCATE)
AND
HIGH COURT OF MADHYA PRADESH THROUGH ITS
REGISTRAR JABALPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI ASHISH SHROTI - ADVOCATE)
This petition coming on for admission this day, Hon'ble Shri Justice
Vishal Mishra passed the following:
ORDER
The present petition has been filed by the petitioner seeking for
revaluation of his answer sheets by an expert body and for granting more marks
than the marks which have been provided by the Examiner.
2. The case of the petitioner is that the respondent advertised 54 posts of
Court Managers out of which 27 posts were for unreserved category. The
petitioner applied for unreserved post. He passed the preliminary examination
but the valuation in the main written examination of first paper was done in a
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 2/4/2023
12:22:55 PM
most arbitrary manner. Though the petitioner gave correct answers but he has
been given only 48 marks in the first paper out of 100 marks. Hence, he has
been declared failed in the first paper and has not been finally selected.
Therefore, the present petition has been filed.
3. A specific query was made to the counsel for the petitioner that is there
any provision for revaluation. He could not answer the same.
4. The law with respect to revaluation is settled by the Hon'ble Supreme
Court in the case of High Court of Tripura vs. Tirtha Sarathi Mukherjee and
others, reported in 2019(2) JLJR 102 and by this Court in the case of Prem
Ratan Agrawal vs. Board of Secondary Education, reported in 2002 (2)
MPHT 570 and in the case of Board of Secondary Education vs. Rajeev
Gupta, passed in L.P.A. No.295 of 2001 decided on 26.02.2004, wherein the
Hon'ble Supreme Court has held that there cannot be any revaluation without
there being any rule providing for the same.
5. In the present case, the answer-sheets were checked by the subject
experts; therefore, the same cannot be questioned before any Court in view of
the settled proposition of law in the case o f Prem Ratan Agrawal (supra) in
which the Hon'ble Court has held that as a general rule the Court has no power
to order for revaluation of the answer-sheets since the rule does not provide for
revaluation. However, in extra-ordinary circumstances, when injustice has been
done, then in such circumstances, revaluation of marks can be done. It is
sometimes open to the Court to have a look at the answer sheet and compare it
with the model paper and if there are gross discrepancies found in the answer
sheet then it is always open to the Court to re-evaluate the marks. A similar view
was taken by the Hon'ble Supreme Court in the case of Board of Secondary
Education vs. D. Suvankar, reported in (2007) 1 SCC 603 to the effect that in
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 2/4/2023
12:22:55 PM
the absence of any specific rule, the Hon'ble Courts should not direct for re-
evaluation of answer-sheets.
6. The petitioner has failed to demonstrate any provision or relevant circular
pointing out for revaluation. In the absence of any relevant provision providing
for revaluation and considering the judgments passed by the Courts in aforesaid
cases, no benefit can be extended to the petitioner.
7. The writ petition sans merit and is accordingly dismissed. No order as to
costs.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Sha
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 2/4/2023
12:22:55 PM
