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40. The question, which we raised in the preceding paragraph, stands answered accordingly.

41. Mr. Chakrapani, learned counsel appearing on behalf of the petitioners, has reiterated that in view of the nature of discrepancy in framing the questions as pointed out, the Selection and Appointment Committee should be directed either to re-evaluate the answer sheets after deleting wrong questions and awarding due marks by re-evaluating the answer sheets on the basis of correct answers of such questions or the entire result of the screening/preliminary test be scrapped and fresh examination be held. For the said purpose, Mr. Chakrapani has laid great emphasis on a Division Bench decision of this Court in case of Kumod Kumar vrs. Bihar Staff Selection Commission (supra).

42. Before we discuss the said decision in the case of Kumud Kumar (Supra), we need to point out that there is no provision for re-evaluation of answer sheets in the examination in question. In such circumstances, a candidate, as a matter of right, cannot claim re-evaluation of answer sheets.

43. For preparation of the result of the screening/preliminary test, the Selection and Appointment Committee of the High Court, as has been noted above, considered the representations and took suo motu measures as it considered fit to rectify the errors, which had crept in, because of incorrect framing of questions or incorrect model answers, Would it be justifiable in such circumstances for the High Court, exercising power of judicial review under Article 226 of the Constitution of India, to sit over the decision of the Selection and Appointment Committee on the point of framing of questions, preparation of model answers and re-evaluation of the answer sheets?

(Emphasis added)

46. From what have been observed and held by the Supreme Court in Mukesh Thakur's case (supra), it clearly follows that if there is a discrepancy in framing of questions or evaluation of answers, it would be for all candidates appearing in an examination and not for any particular candidate that a Court cannot take upon itself the task of a statutory authority.

47. It has to be noticed that in the case of Mukesh Thakur (Supra), an order of the High Court of Himachal Pradesh directing appointment of contesting respondents therein, on the basis of re-evaluation of answer- sheets, was under challenge. The High Court of Himachal Pradesh, in the said case, had found inconsistencies in framing of questions and evaluation of answers to such questions and had issued the directions, which were challenged before the Supreme Court. In the background of these facts, the Supreme Court has passed the order, relevant paragraphs of which have been quoted above in Mukesh Thakur (supra).

49. In the case of Rajesh Kumar (supra), relied upon by learned counsel for the petitioners, the Supreme Court, instead of disturbing the process of selection, had directed re-evaluation of answer sheets on the basis of the correct model answers as suggested by the experts. What was ordered to be done, under the orders of the Supreme Court in case of Rajesh Kumar (supra), has already been done, suo motu, in the present case, by the Selection and Appointment Committee of the High Court. We do not find any reason to interfere with the decision taken by the Selection and Appointment Committee in the matter of correctness or otherwise of the questions and model answers, inasmuch as we cannot sit, in appeal, over such a decision in the present proceeding under Article 226 of the Constitution of India.