No re-evaluation in exams in absence of provisions: HC

Excelsior Correspondent
Srinagar, Nov 27: High Court has held that in absence of specific provisions governing the examination, a candidate cannot claim for re-evaluation of his answer scripts.
Hearing a petition filed by one Basharat Saleem who had appeared in the written examination for the post of District Judge and could not reach to the benchmark as fixed in the selection criteria, seeking direction from the Court that authorities be commanded to re-evaluate and recheck his answer scripts and also they be directed to consider his appointment against the post.
The Division Bench after going through the controversy raised in the petition and after hearing both the parties said the petition has no merit and dismissed it. It recorded that the petitioner cannot be permitted to be the judge of his own cause nor can he be permitted to evaluate his answer scripts as per his prudence and wisdom.
“Having said that, we do not find it a case of such grave nature in the matter of evaluation of the answer scripts that would impel us to direct the re-examination/re-evaluation of the answer scripts of the petitioner”, reads the judgment.
DB while referring one of the rulings involves same issue said that in the absence of specific provision in the statute, rules and regulations governing the examination, an examinee cannot, as a matter of right, claim his answer scripts to be re-evaluated/re-examined.
Court further added that the results of public examination, when published, should have some finality attached to them and if at the instance of any unsuccessful and dissatisfied examinee the inspection/re-evaluation is permitted, as of right, it would lend to indefinite uncertainty to the process.
“The evaluation is a job best left for the experts and unless there are compelling reasons the Courts would be reluctant to substitute their own views as to what they feel would have been wise, prudent and proper”, Court recorded.