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(iv) The Commission shall not entertain any request for re-examination of answer scripts from candidates or from any other person.‖ Thus, when there is a specific bar to entertain any request for re-

examination of answer scripts from any candidate, the present impugned direction issued by the Ld. Single Judge would amount to passing an order contrary to the rules, which according to learned Senior Standing Counsel will not be permissible.

22. In this regard, learned Senior Standing Counsel has relied on the decision of the Hon‟ble Supreme Court in Pramod Kumar Srivastava Vs. Chairman, Bihar Public Service Commission, Patna and Ors.

43. Mr. Dutta, learned Senior Counsel further submits that in any event, Rule 70(iv) has to be read along with Rule 70(ii) which provides that in case of candidates whose results are challenged in the Court, their scripts shall be preserved till the final disposal of the case.

44. According to the learned Senior Counsel, this provision under Rule 70(ii) gives a clue for allowing re-examination of answer scripts, as otherwise, there would be no necessity to preserve the answer scripts of such candidates whose results are challenged in the Court till final disposal of the case.

ANALYSIS OF THE RIVAL SUBMISSIONS

62. As we proceed to examine the issues at hand, we have noted that Mr. T.J. Mahanta, learned Senior Standing Counsel, APSC has not questioned or doubted the correctness of the answers given by the petitioner. However, he submits that correctness of the answers given by the petitioner is not the real issue at hand and the real issue is whether allowing re-evaluation and reassessment of answer-scripts in a competitive examination would, especially when there is a specific bar in the rules for re-examination of the answer scripts, be permissible or not.

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THE RELEVANT LAW

82. From the rival submissions advanced by the contesting parties, it is quite evident that two strands of judicial view permeate the issue relating to re-evaluation/re-examination of answer scripts.

83. As submitted on behalf of the Appellants-APSC, one view as expressed by the Hon‟ble Supreme Court in Pramod Kumar Srivastava (supra) is that in absence of any provision under the relevant rules of the Public Service Commission for re-evaluation of answer book, the examinees have no right to claim or demand for re-evaluation.