NITISH Vs. SUVARNA SIDDHART KHARAT

JUDGEMENT

(1.) The petitioner had approached this Court in Writ Petition No. 1685/2023 seeking direction to be issued to the Maharashtra Public Service Commission to re-examine and re-evaluate his answer sheet of Paper (I) with regard to Question Nos. 4(a), (c) and 5(a), (c) of the examination that was held for the post of Civil Judge (Junior Division) and Judicial Magistrate First Class - 2021. By the judgment dtd. 12/6/2023, it was observed in paragraphs 9 and 10 as under :

(2.) Since the directions issued in the Writ Petition were not being complied with, the petitioner filed the present Contempt Petition. Thereafter, on 22/8/2023, the learned Assistant Government Pleader produced the answer sheet of the petitioner in a sealed cover. On perusal of the same, it was found that the answer sheet had been re-evaluated by the same examiner who had earlier evaluated the said answer sheet.

(3.) The learned Counsel for the petitioner by relying upon the decision in Lalit Ballabhdas Taori Vs. Nagpur University, Nagpur and others [1985 Mh.L.J. 705. submits that the Commission was not justified in directing re-evaluation of the answer sheet through the same examiner. It was necessary that such re-evaluation ought to have been undertaken by some other examiner, especially when this Court had observed that it was a case of awarding proper marks for the answers given to the questions.