pointed and focused submission that if any such re-evaluation
or re-assessment of answer-scripts in respect of competitive examination
is allowed ... re-evaluation of
answer-books under the relevant rules. In that context, Hon‟ble Supreme
Court held that in absence of any provision of re
marks allotted by the re-evaluation examiner, as the marks secured
in such re-evaluation of the answer scripts concerned.
7. The learned counsel appearing ... taken as the marks secured on such re-evaluation, the process
of re-evaluation being to rectify the mistake that has been
committed
submits that
evaluation of answer scripts is the job of experts. Role of the Court in matters of
evaluation of answers scripts is minimal. Courts ... examiner. Once evaluation is done, Courts refrain from entering
into the domain of re-evaluation of the answers. Evaluation of answer scripts must
be left
Court to direct for
a re-evaluation of the answer scripts and/or to get examined such answer scripts
on its own. The said issue ... noted hereinabove, does not permit for any
re-evaluation and/or re-scrutiny of the answer scripts.
10. It is to be noted that
answer-books re-evaluated, there cannot be any direction from the
Court to the APSC for re-evaluation of answer scripts of Preliminary Examination ... permit re-evaluation or scrutiny of an answer sheet (as
distinct from prohibiting it) then the Court may permit re-evaluation or scrutiny only
Commissioner vide order dated
09-02-2011 decided to re-examine / re-evaluate the answer scripts as well as
the tabulation and scrutiny process ... usurped the
powers of the Selection Committee and not only re-evaluated the answer
scripts of the candidates who had appeared in the written examination
respondent University re-
evaluated her said answer script through an independent examiner who
submitted the mark foil alongwith the answer script.
Mr. Das, learned Senior ... re-evaluation of her
said answer script.
From the perusal of the answer script placed before the Court, it is
seen that to her answer
answer scripts in 2nd
4
and 3rd papers were re-evaluated by different examiners and
after such re-evaluation, while in 2nd paper, the petitioner ... re-
evaluation of her answer scripts by examiners who had not
earlier examined her answer scripts.
12. Even after inspection of the answer scripts
direction to the respondents, i.e. Gauhati University for re-evaluation of the answer script (6th Paper) pertaining to Environmental Law in LLB final examination ... Absence of a provision for re-evaluation cannot be a shield for the examiner to arbitrarily evaluate the answer script. That would be against
conclusion that the Selection Committee was not
empowered to re-evaluate the answer scripts, inasmuch as, the Selection Committee
members were not experts ... framed as to whether Selection
Committee had the power to re-evaluate the answer scripts. Upon consideration of the
said issue, the Review Selection Committee
