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8.3 To sef aside and quash the impugned letter bearing no. Staff/Postman Exam/201é dated 12.01.2017 (Annexure-7) issued by the Assistant Director (Staff}], Post Master General, Assam Circle, Guwahati.
8.4 To direct the respondent authorities to prepare a correct Model Answer Key and ihereafier to re-evaluate the answer scripts of all mT candidates pertaining Guwahati Division basing on ithe correct Answer key and thereafter to pertaining Guwahati Division basing on the correct Answer key and fhereafier to prepare a fresh merit list for promotion to the cadre of Postman/Mail Guard"

8. The official respondents by filing written statement submitted that the respondents follow the department Rule 15 of Postal Manual Volume -- IV where re-evaluation of answer scripts in any case or under any circumstance is not permissible. Moreover, the applicant has participated in the recruitment process without any objection in the examination hall about the answer key.

9, The respondenis relied a decision of Chandra Prakash Tiwari vs Shakuntala Shukla, 2002 (4) SCC 127, the Hon'ble Apex Court as hereunder:

"

Apparently, there is an incorrect model answer key in regards to the questions as raised by applicant where all the spondenis failed fo rebut. Mr. Nair, Sr. Adv. relied a decision of on'ble Apex court Rajesh Kumar & others Vs state of Bihar & others ported on 2013 (4) SCC 690 and observed as hereunder:

"Given the nature of the defect in the answer key and most natural and logical way of correcting the evaluation of the script was to correct the key and get the answer script re-evaluation on the basis thereof"

Those details were furnished to the applicant on 23.12.2016.

Thereupon, the applicant submitted a representation dated 30.12.2016 with a request to include his name in the list of qualified candidates. The same was replied on 12.01.2017 by the respondents, stating that the revaluation of answer scripts is not permissible in view of item 15 of Appendix 37 of Postal Manual Volume IV and his request cannot be acceded to.

This O.A. is filed challenging the said communication. The further prayer is to direct the respondents to prepare a correct model answer key and thereafter to re-evaluate the answer scripts of all candidates pertaining Guwahati Division, based on. the correct answer key and thereafter to prepare a fresh merit list for promotion to the cadre of Postman/ Mail Guard.