NITISH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) By this writ petition filed under Article 226 of the Constitution of India the petitioner seeks a direction to be issued to the Maharashtra Public Service Commission (for short, 'the MPSC ') to re-examine and re-evaluate his answer sheet of Paper (I) and especially 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.

(3.) The petitioner who has obtained a Post Graduate Degree in Law claims to be a meritorious student having secured first position in the LL.B. examination 2016-17 conducted by Sant Gadge Baba Amravati University, Amravati. In response to an advertisement dtd. 23/12/2021 published by the MPSC the petitioner submitted his application so as to appear for said examination. In the preliminary examination conducted on 12/3/2022 the petitioner secured 89.75 marks out of 100. On 27/5/2022 the MPSC published an advertisement inviting applications from successful candidates who had appeared in the preliminary examination to enable them to appear in the main examination. The said main examination was conducted in two papers. Paper (I) was based on Civil subjects while Paper (II) was based on Criminal subjects. Each paper was for 100 marks each. The result of the main examination in which the petitioner had appeared came to be published on 1/11/2022 and the petitioner was placed at Serial Number 36 in the said list. The petitioner was issued a letter by the MPSC on 28/12/2022 requiring him to remain present for his interview on 11/1/2023. The petitioner appeared for the said interview after which the provisional results came to be declared on 17/1/2023. The petitioner was placed at Serial Number 71 in the said list wherein the marks secured in the written examination as well as the interview were mentioned. The petitioner secured 52 marks in Paper (I), 63 marks in Paper (II) and 27 marks in the interview.