AMITAV TRIPATHY Vs. ORISSA HIGH COURT

JUDGEMENT

(1.) Pursuant to the order passed by this Court on 7/4/2022 the Examination Committee has again considered the matter and an affidavit has been filed on 4/5/2022 offering the following views:

(2.) Yesterday, when the matter was listed the Court inquired of learned Additional Government Advocate appearing for the Opposite Party to show the Rule which contained the prohibition as stated in para (ii) above. Today, a letter has been handed over stating that the Rule was in fact "law laid down by the Hon'ble Apex Court in a plethora of decisions." In other words, there is no rule as such prohibiting revaluation of the answers.

(3.) As regards the scope of the High Court's jurisdiction in matters of this kind, the following observations in High Court of Tripura v. Tirtha Sarathi Mukherjee AIR 2019 SC 3070 in a similar context, are relevant. There, the Supreme Court has observed as under: