Can high court permit re-evaluatin of answersheet. I have appeared in the examination conducted by the Madhya Pradesh Public Service Commission. After clearing pre and written examination I appeared in the interview. But unfortunately, I failed to get position in final list. When the final list has published the commission has release the marks of the candidates appeared in the main and interview. I got less than expected mark in paper III & IV. I think that my answer sheet was not checked properly so I want to know whether the high court can direct the PSC to re-evaluate the answer sheets?
Asked from: Madhya Pradesh
If the relevant rules of the Commission provide for re-evaluation, then the high court may direct the PSC to re-evaluate your answer sheets. The high court while exercising writ jurisdiction sympathy or compassion does not play any role. hence, the high court restrict itself to the legal provisions which empowers the court to pass direction under Article 226 of constitution.
The rule of re-evaluation is settled by the supreme court in Pramod Kumar Srivastava v. Chairman, Bihar Public Service Commission, Patna, [JT 2004 SC 380]. The Supreme Court has held that In the absence of any provision for re-evaluation of answer-books in the relevant rules, no candidate in an examination has got any right whatsoever to claim or ask for re-evaluation of his marks.
The same has been reiterated by the supreme court in Ran Vijay Singh v. State of U.P., reported in (2018) 2 SCC 357 opined that in cases where a statute, rule, or regulation allows for the re-evaluation or scrutiny of an answer sheet during an examination, the court may direct the administering authority to re-evaluate the answer sheets.
In U.P.P.S.C. v. Rahul Singh (2018) 7 SCC 254 the court has described the limitation in respect of the direction to re-evaluation of answer books. The court said that if the governing statute, rule, or regulation does not expressly permit re-evaluation or scrutiny (rather than explicitly prohibiting it), the court may only allow re-evaluation or scrutiny in exceptional or rare cases where it is clearly and unequivocally demonstrated, without any need for inference or rationalization, that a significant error has occurred.
The re-evaluation of answer sheets for mains examinations is limited to verifying the accuracy of the marks allotted to each question, confirming whether all of the candidate’s responses were evaluated, and checking for any errors in the marking process or scrutiny of the marks. Hence, for that purpose you can approach the high court under Article 226 of the constitution.
Also read: Remedy against arbitrary acts of government
