SURBHI KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) With the consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

(2.) The instant writ petition is under Article 226 of the Constitution of India seeking therein the following directions :- (i) For issuance of an appropriate writ / order / direction commanding upon the respondents to produce the petitioner's answer sheet of Paper-Ill, the Mains Examination conducted for appointment of Civil Judge (Junior Division) by the Jharkhand Public Service Commission pursuant to Advertisement No.12/2018;

(3.) The brief facts of the case as per the pleading made in the writ petition read as under :- The writ petitioner had participated in the selection process for appointment of Civil Judge (Junior Division) conducted by the Jharkhand Public Service Commission, hereinafter referred as JPSC, pursuant to Advertisement No. 12/2018. After the results were declared, the writ petitioner did not find herself in the merit list despite her assessment that she had done fairly well in the examination, and accordingly exercised her right to inspect the answer sheets. Upon inspection she found that in the answer sheet relating to Paper-Ill marking was done in red ink and the marks awarded in red ink totals to 62 but there was interpolation in black ink by which marks awarded to her in some of the answers were reduced and the total after such reduction / interpolation came down to 56. The writ petitioner contends that due to reduction of 06 marks, her name was not recommended by the JPSC as the cut off marks was 263.33 whereas the writ petitioner had been awarded a total of 262 marks after such reduction/interpolation in marks in Paper-Ill and thus, if the answer sheet is found to be interpolated or it is found that her marks have been reduced unlawfully or illegally, then the 06 marks should be added to the total marks of the writ petitioner and in that circumstances, she would be recommended and consequently appointed to the post of Civil Judge (Junior Division).