SHASHANK SHEKHAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Rajeev Roy, learned counsel for the petitioner, and Sri Samir Kumar, learned counsel appearing for the High Court holding brief of Sri Piyush Lal and Sri Mrigendra Kumar, learned counsel for the State of Bihar.

(2.) The challenge raised in this petition is to the refusal of the High Court to entertain the representation filed by the petitioner in respect of the discrepancies said to exist in the evaluation of Theory Paper-I of the main written examination of District Judge (Entry Level), Direct from Bar Exam-2016. The contention raised is that the trend of awarding marks by the examiner in the answer book clearly indicates that the examiner had awarded higher marks, but while totalling the same, some interpolations have been made on the first page, as a result whereof, the marks of the petitioner as awarded have been substantially reduced and, even otherwise, the manner of marking also suffers from discrepancies. For this, it has been urged that if the marking of the evaluator and the marks awarded are carefully perused particularly with regard to question no.1(b), question no.10, question no.11, question no.14(a) and question no.22, then it would be apparent that the discrepancies clearly exist and the manner in which the marks have been awarded leave no room for doubt that it has been done casually. Apart from the evaluation being decrepit, the ultimate awarding of marks also suffers from an incorrect calculation.

(3.) On the said premise, learned counsel submits that if the discrepancies are clearly established, then the answer book requires a re-checking and re-evaluation.