SEEMA SINGHAL Vs. DELHI SUBORDINATE SERVICE SELECTION BOARD

JUDGEMENT

(1.) C.M. Nos. 10377/2014 (for exemption) and 10378/2014 (for exemption).

(2.) IN these writ proceedings under Article 226 of the Constitution of India, orders of the Central Administrative Tribunal (CAT) in T.A. No. 79/2013 dated 20.5.2014, and in R.A. No. 124/2014 dated 16.7.2014, are challenged on the ground that they are contrary to the law laid down in Kanpur University v. Samir Gupta, ( : AIR 1983 SC 1230).

(3.) THE respondent argued, relying on H.P Public Service Commission v. Mukesh Thakur and Anr., : 2010 (6) SCC 759, that there existed no rules for re -evaluation of answer sheets; only re -totalling of the marks awarded i.e. verification was permitted. Since the questions were of a subjective type, there was no uniform yardstick to assess the quality of answers attempted, which the candidate could challenge as being incorrect. Any attempt to apply the decision in these facts, or even a comparison to Kanpur University (supra), would not be apposite, as there existed an objective yardstick in that case i.e. the "answer key", which could potentially be challenged as being incorrect.