PRAMOD KUMAR SRIVASTAVA versus CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, PATNA AND ORS.

PRAMOD KUMAR SRIVASTAVA versus CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, PATNA AND ORS.

A candidate in an examination cannot claim or ask for re-evaluation of marks in the absence of rule permitting it; Court cannot direct re-evaluation where rules do not provide for it.

Parties
Appellant: Pramod Kumar Srivastava; Respondents: Chairman, Bihar Public Service Commission, Patna and Ors.
Jurisdiction
India
Judgment Date
06 August 2004
Procedural Posture
Civil Appeal / Appeal From Letters Patent Appeal Decision of Division Bench, Patna High Court
Outcome
Appeal dismissed
Legal Topics
Judicial Services Examination, Re Evaluation of Answer Books, Writ Petition for Re Evaluation, Absence of Rules for Re Evaluation
Service Law Judicial Services Examination Re Evaluation of Answer Books Writ Petition for Re Evaluation Absence of Rules for Re Evaluation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pramod Kumar Srivastava

Appellant

Chairman, Bihar Public Service Commission, Patna and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Letters Patent Appeal Decision of Division Bench, Patna High Court

Legal Issues

  1. 1 Whether in absence of any provision in rules for re-evaluation, a candidate has a right to seek re-evaluation of answer-books
  2. 2 Whether the Court can direct re-evaluation of answer-books in a competitive examination

Ratio Decidendi

A candidate in an examination cannot claim or ask for re-evaluation of marks in the absence of rule permitting it; Court cannot direct re-evaluation where rules do not provide for it.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs