PRABHA RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) HEARD Mr. B. Sharma, learned Senior Counsel appearing for the petitioner, Mr. J.B. Pradhan, learned Additional Advocate General representing respondents No. 1, 2, 3 and 4, Mr. N. Rai, learned Senior Counsel appearing for respondent No. 5 and Mr. D.K. Siwakoti, learned Counsel appearing for respondents No. 6 and 7.

(2.) ORIGINALLY the writ petitioner filed the above writ petition as a private litigation challenging the appointment of the 5th respondent to the post of Checker in Commercial Taxes Division, Finance, Revenue and Expenditure Department, Government of Sikkim pursuant to the Employment Notice dated 31.07.2008 for filling up of 03 (three) posts of Checker, published in the 'Sikkim Herald' dated 31.07.2008 and the Corrigendum dated 12.08.2008 published in daily local newspaper 'NOW' dated 13.08.2008. The said 3 posts were reserved as hereunder:

(3.) THE main grievance of the petitioner, as explained by Mr. B. Sharma, learned Senior Counsel appearing for the petitioner is that the petitioner applied for re-evaluation of her answer sheet on 19.11.2009 and in the meanwhile the 5th respondent also made a representation dated 11.06.2010 requesting for re-evaluation of his answer sheets. Hence, the answer sheets of both the petitioner as well as the 5th respondent were re-evaluated. As per the statement of official respondents, during the re-evaluation it was found that the examiner had awarded marks to many of the wrong answers which vindicated the errors pointed out in the representations of both the petitioner as well as the 5th respondent.