MAYANK GARG Vs. DELHI HIGH COURT

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India, inter alia, praying that direction be issued to the respondent (hereafter 'DHC') to 'recheck/re-examine/reassess' the petitioner's answer-sheets in respect of examination paper, Law-III. The petitioner has scored 89 marks out of the maximum of 200 marks in the said paper. This is one mark short of qualifying threshold of 45%. The petitioner's aggregate marks of all papers is 437 marks out of a maximum of 750 marks. This is the highest amongst all unsuccessful candidates and is significantly higher than the qualifying cut off of 50%. The petitioner has been eliminated from the competitive examination for appointment to Delhi Higher Judiciary Services, solely on account of not securing 45% marks in the examination paper, Law-III.

(2.) The principal question that falls for consideration of this court is whether the petitioner is entitled to seek re-evaluation of his answer-sheets in respect of the examination paper, Law-III.

(3.) The relevant facts necessary to address the aforesaid controversy are as under:-