[Public Service Recruitment] Judicial Review Should Be Rarely Exercised If Provision For Revaluation Of Answer Sheets Is Absent: SC [Read Judgment]
4 years, 10 months ago

[Public Service Recruitment] Judicial Review Should Be Rarely Exercised If Provision For Revaluation Of Answer Sheets Is Absent: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that, that in the absence of any provision for revaluation of answer sheets, judicial review should be rarely exercised. In this case, the Patna High Court had set aside the results of the main examination conducted by Bihar Staff Selection Commission the BSSC to to 1569 vacancies in Class III posts, in various departments of the Government of Bihar. While considering the appeals filed against the High Court judgment by the Commission and some candidates, the bench comprising of Justices Rohinton Fali Nariman and S. Ravindra Bhat said: This court reiterates that the scope of judicial review under Article 226 in matters concerning evaluation of candidates-particularly, for purpose of recruitment to public services is narrow. The previous decisions of the court have constantly underscored that in the absence of any provision for reevaluation of answer sheets, judicial review should be rarely exercised - preferably under exceptional circumstances. 23202-23204 OF 2015 Case name: BIHAR STAFF SELECTION COMMISSION vs. ARUN KUMAR Coram: Justices Rohinton Fali Nariman and S. Ravindra Bhat Read Judgment

Bihar Court Judicial Review Bssc Bihar Staff Selection Commission  sheets  service  read  panel  revaluation  public  bihar  high  bssc  recruitment  review  court  results  sc  judicial  selection  rarely  provision  commission

History of this topic

'No Violation Of Constitutional Rights': High Court Refuses To Interfere With Haryana Civil Judge Rule Prohibiting Re-Evaluation Of Answer Sheet
3 weeks, 2 days ago

'No Violation Of Constitutional Rights': High Court Refuses To Interfere With Haryana Civil Judge Rule Prohibiting Re-Evaluation Of Answer Sheet

Live Law  

The Punjab & Haryana High Court on Friday refused to interfere with a clause in an The Court dismissed a plea moved by an unsuccessful candidate seeking re-evaluation of mains-answer sheet who was short of 1.9 marks from qualifying the mains exam in the scheduled caste category in which she had applied. Speaking for the bench Justice Sumeet Goel explained …

'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court
2 months, 1 week ago

'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Chief Justice K. Vinod Chandran and Justice Nani Tagia while setting aside a judgment of a Single Judge directing re-evaluation held that in cases related to re-evaluation, the court may permit such re-evaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a …

Bombay High Court Weekly Round-Up: December 23 - December 29, 2024
2 months, 3 weeks ago

Bombay High Court Weekly Round-Up: December 23 - December 29, 2024

Live Law  

Citations: 2024 LiveLaw 650 to 2024 LiveLaw 654 Nominal Index: Zahid Khamisa vs. State of Maharashtra & Anr, 2024 LiveLaw 650 Imperial Consultants and Securities vs. Deputy CIT, 2024 LiveLaw 651 Shri Saibaba Sansthan Trust vs. Union of India, 2024 LiveLaw 652 Nav Chetna Charitable Trust vs, CIT, 2024 LiveLaw 653 Chandrabhan Atulkar v. MOIL Ltd., 2024 LiveLaw 654 Judgments/Final …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 months, 3 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Reassessment Proceedings Can't Be In The Nature Of Review: Karnataka High Court
1 year, 3 months ago

Reassessment Proceedings Can't Be In The Nature Of Review: Karnataka High Court

Live Law  

The Karnataka High Court has held that reassessment proceedings cannot be in the nature of review.The bench of Justice S. Sunil Dutt Yadav has observed that the material that has come to light in the assessment proceedings for the assessment year 2008–2009 cannot be sufficient grounds to resort to reassessment proceedings.The petitioner/assessee has challenged the notice issued under. The Karnataka …

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet
1 year, 8 months ago

DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet

Live Law  

The Supreme Court recently set aside an order of the Delhi High Court that permitted re-evaluation of the answer script of a candidate for the Delhi Higher Judicial Main Examination 2022 on the ground that there was no ‘material error’ warranting interference.The Delhi High Court had allowed re-evaluation of question No.9 of Law Paper-I of the candidate, after his representation …

Supreme Court Disapproves Of High Courts Interfering With Examination Process By Calling For Answer Sheets & Ordering Re-Evaluation
1 year, 10 months ago

Supreme Court Disapproves Of High Courts Interfering With Examination Process By Calling For Answer Sheets & Ordering Re-Evaluation

Live Law  

The Supreme Court has reiterated that directions interfering with the examination process by way of calling for answer-sheets, recording a finding on non- evaluation or mandating the process of re-evaluation cannot be issued by courts. B. Pardiwala was hearing BSNL's appeals against the 29.3.2012 decision of the Kerala High Court whereby the High Court proceeded to dismiss the writ petitions …

DHJS Exam: HC refuses answer sheet re-evaluation of aspirant falling short of one mark
2 years, 6 months ago

DHJS Exam: HC refuses answer sheet re-evaluation of aspirant falling short of one mark

India TV News  

The Delhi High Court has refused to direct re-evaluation of one of the answer sheets of a Delhi Higher Judiciary Services aspirant who was one-mark short of the qualifying threshold for the next round in the competitive test. Calling it “undoubtedly a hard case”, a bench by Justice Vibhu Bakhru noted that the petitioner, a lawyer, scored the “highest amongst …

Patwari Recruitment: Rajasthan High Court Orders Reconsideration Of Answers To Two Questions, Consequential Changes In Final Answer Key & Result
2 years, 9 months ago

Patwari Recruitment: Rajasthan High Court Orders Reconsideration Of Answers To Two Questions, Consequential Changes In Final Answer Key & Result

Live Law  

The Rajasthan High Court has recently directed the Rajasthan Subordinate and Ministerial Service Selection Board to re-examine certain disputed questions pertaining to recruitment exam for the post of Patwari, from different experts.The Court ordered that based on the conclusion of such experts, the Board shall amend the final answer key and give effect to the marks obtained by the candidates. …

'Left Remediless': Lawyer Complains To Calcutta High Court CJ As Yet Another Bench Recuses From Group D Recruitment Scam Case
2 years, 11 months ago

'Left Remediless': Lawyer Complains To Calcutta High Court CJ As Yet Another Bench Recuses From Group D Recruitment Scam Case

Live Law  

A heated exchange ensued on Tuesday between the Chief Justice of Calcutta High Court and one of the counsel representing an appellant in the 'Group-D' recruitment scam case regarding the repeated recusals by several Benches from hearing the appeals. However, on Monday a Division Bench comprising Justice Harish Tandon and Justice Rabindranath Samanta recused from hearing all the cases pertaining …

High Drama In Calcutta HC As Single Judge Objects To Division Bench Direction To Accept Document In "Sealed Cover"
2 years, 11 months ago

High Drama In Calcutta HC As Single Judge Objects To Division Bench Direction To Accept Document In "Sealed Cover"

Live Law  

Justice Abhijit Gangopadhyay of the Calcutta High Court on Wednesday passed a scathing order against the observations made by a Division Bench in a case pertaining to the alleged irregularities in the appointment of 'Group-D' in Justice Abhijit Gangopadhyay of the Calcutta High Court on Wednesday passed a scathing order against the observations made by a Division Bench in a …

Bihar PSC Exam: Single Judge Went Outside Scope Of Judicial Review In Sitting Over Expert Opinion & Directing To Revisit Answer Key, Says Patna HC
4 years, 2 months ago

Bihar PSC Exam: Single Judge Went Outside Scope Of Judicial Review In Sitting Over Expert Opinion & Directing To Revisit Answer Key, Says Patna HC

Live Law  

The Patna High Court on Tuesday set aside an order passed by a Single Bench of the Court and remarked the Judge went outside the purview of judicial review by interfering with the opinion of an expert committee and asking the Bihar Public Service Commission to revisit its answer key for the preliminary selection test. The Division Bench of Justices …

Public Examinations: Supreme Court Deprecates Practice Of Re-evaluation And Scrutiny Of Answer Sheets By Courts
4 years, 3 months ago

Public Examinations: Supreme Court Deprecates Practice Of Re-evaluation And Scrutiny Of Answer Sheets By Courts

Live Law  

The Supreme Court has observed that assessment of the questions and answer key of public examinations by the courts itself is not permissible.The court was considering an appeal filed against a Rajasthan High Court judgment in which it had examined the correctness of the questions and Answer Keys of an examination conducted by Rajasthan Public Service Commission to the post …

Supreme Court Weekly Round Up
4 years, 4 months ago

Supreme Court Weekly Round Up

Live Law  

Siddique Kappan Was Using 'Garb Of Journalism' To Disturb Law & Order In Hathras: UP Govt Tells SC The State of Uttar Pradesh has submitted before Supreme Court that Journalist Siddique Kappan has no locus to approach the Top Court under an Article 32 petition, since he is not in an illegal custody/confinement but is in. Siddique Kappan Was Using …

Every Endeavour Should Be Made By The District & Sessions Judge To Fill Up The Vacant Posts As Expeditiously As Possible: Delhi HC [Read Order]
4 years, 6 months ago

Every Endeavour Should Be Made By The District & Sessions Judge To Fill Up The Vacant Posts As Expeditiously As Possible: Delhi HC [Read Order]

Live Law  

The Delhi High Court directed a District & Sessions Judge to fill the vacancies in its court pertaining to the posts of Senior Judicial Assistants and Judicial Assistants by way of promotion and that of Junior Judicial Assistants that shall fall vacant owing to promotions to the above posts by way of a recruitment drive, as expeditiously as possible. Reiterating …

SC Appoints Justice Sikri To Look Into Haryana Judicial Service Recruitment Issue [Read Order]
5 years, 10 months ago

SC Appoints Justice Sikri To Look Into Haryana Judicial Service Recruitment Issue [Read Order]

Live Law  

The Supreme Court has appointed former SC Judge Justice A K Sikri to look into the issues pertaining to recruitment to the post of Civil Judges In Haryana Judicial Service. It had also restrained the Punjab and Haryana High Court from appointing Junior Civil Judges in Haryana Judicial Service without the leave of the Court. Regarding the recruitment process in …

Recruitment process to India's lower judiciary needs urgent overhaul as it lacks statutory authority, grievance redressal mechanism
6 years, 2 months ago

Recruitment process to India's lower judiciary needs urgent overhaul as it lacks statutory authority, grievance redressal mechanism

Firstpost  

The lack of both re-evaluation provisions and an associated application procedure for obtaining the necessary answer scripts have a negative implication on the transparency of such a process. The examinations are conducted by state high courts and in some cases in consultation with State Public Service Commissions as per the requirements set out in the state judicial service rules. These …

Allahabad HC Overstepped its Jurisdiction By Ordering UPPSC To Re-Evaluate Answer-Sheets In PCS Exam:SC [Read Judgment]
6 years, 9 months ago

Allahabad HC Overstepped its Jurisdiction By Ordering UPPSC To Re-Evaluate Answer-Sheets In PCS Exam:SC [Read Judgment]

Live Law  

The Supreme Court on Thursday delivered a significant ruling on the extent and power of constitutional courts to interfere in matters of academic nature.A vacation bench of Justice UU Lalit and Justice Deepak Gupta allowed the appeal preferred by the Uttar Pradesh Public Service Commission, setting aside the Allahabad High Court judgment requiring the commission to. A vacation bench of …

Allahabad HC Overstepped its Jurisdiction By Ordering UPPSC To Re-Evaluate Answer-Sheets In PCS Exam:SC [Read Judgment]
6 years, 9 months ago

Allahabad HC Overstepped its Jurisdiction By Ordering UPPSC To Re-Evaluate Answer-Sheets In PCS Exam:SC [Read Judgment]

Live Law  

The Supreme Court on Thursday delivered a significant ruling on the extent and power of constitutional courts to interfere in matters of academic nature.A vacation bench of Justice UU Lalit and Justice Deepak Gupta allowed the appeal preferred by the Uttar Pradesh Public Service Commission, setting aside the Allahabad High Court judgment requiring the commission to. A vacation bench of …

Direct Recruitment Of District Judges Requires Immediate Consideration: SC
6 years, 9 months ago

Direct Recruitment Of District Judges Requires Immediate Consideration: SC

Live Law  

The Supreme Court on Wednesday once again noted that the interpretation of Article 233 of the Constitution in the matter of appointment of District Judges by way of direct recruitment requires “immediate consideration”.The vacation bench of Justices U. U. Lalit and Deepak Gupta was hearing writ petitions filed by judicial officers of lower judiciary seeking to participate in the UP. …

Five-judge SC bench reserves verdict on petitions challenging constitutional validity of Aadhaar
6 years, 10 months ago

Five-judge SC bench reserves verdict on petitions challenging constitutional validity of Aadhaar

Firstpost  

A five-judge constitution bench of the Supreme Court headed by Chief Justice of India Dipak Misra reserved its judgement on the Aadhaar matter. New Delhi: The Supreme Court on Thursday reserved its verdict on a batch of petitions challenging the constitutional validity of Aadhaar and its enabling 2016 law. A five-judge constitution bench headed by Chief Justice Dipak Misra directed …

SC Refers Question to Constitution Bench on M. Nagaraj Judgment
7 years, 4 months ago

SC Refers Question to Constitution Bench on M. Nagaraj Judgment

Live Law  

The Supreme Court has referred a question to a Constitution Bench regarding the reconsideration of its 2006 judgment in the case of M. Nagaraj v. Union of India. The question pertains to the interpretation of Articles 16(4), 16(4A) and 16(4B) of the Constitution of India. The Bench will determine whether the State's exercise of discretion to make reservations for SC/ST …

Should M. Nagaraj Judgment On Reservations In Promotion Be Reconsidered? SC Refers Question To Constitution Bench [Read Order]
7 years, 4 months ago

Should M. Nagaraj Judgment On Reservations In Promotion Be Reconsidered? SC Refers Question To Constitution Bench [Read Order]

Live Law  

The Supreme Court, on Wednesday, referred to a Constitution Bench the question of reconsideration of its 2006 judgment in the case of M. Nagaraj v. Union of India.The Bench comprising Chief Justice of India Dipak Misra, Justice A.K. The Supreme Court, on Wednesday, referred to a Constitution Bench the question of reconsideration of its 2006 judgment in the case of …

SC Permits Serving Judicial Officers To Appear For District Judges Examination As Interim Measure
7 years, 9 months ago

SC Permits Serving Judicial Officers To Appear For District Judges Examination As Interim Measure

Live Law  

In a civil writ petition tagged with a pending SLP on the eligibility of serving judicial officers to apply for direct recruitment as District Judges, the Supreme Court’s Vacation Bench of Justices L.Nageswara Rao and Navin Sinha, on Wednesday, issued notice, and permitted the petitioners to appear in the examination.“However, the result of the examination, so far as the petitioners. …

SC Permits Serving Judicial Officers To Appear For District Judges Examination As Interim Measure
7 years, 9 months ago

SC Permits Serving Judicial Officers To Appear For District Judges Examination As Interim Measure

Live Law  

In a civil writ petition tagged with a pending SLP on the eligibility of serving judicial officers to apply for direct recruitment as District Judges, the Supreme Court’s Vacation Bench of Justices L.Nageswara Rao and Navin Sinha, on Wednesday, issued notice, and permitted the petitioners to appear in the examination.“However, the result of the examination, so far as the petitioners. …

SC Rejects Govt Stand On Creating New Posts In District Judiciary: Issues Directions [Read Judgment]
8 years, 2 months ago

SC Rejects Govt Stand On Creating New Posts In District Judiciary: Issues Directions [Read Judgment]

Live Law  

SC rejected the government stand that new posts in district judiciary should be created only after 90 per cent of the sanctioned strength has been filled up.The Supreme Court in Imtiyaz Ahmad vs. State of UP, has ruled that the required judge strength of the district judiciary shall be computed for each state in accordance with the interim approach suggested …

SC Rejects Govt Stand On Creating New Posts In District Judiciary: Issues Directions [Read Judgment]
8 years, 2 months ago

SC Rejects Govt Stand On Creating New Posts In District Judiciary: Issues Directions [Read Judgment]

Live Law  

SC rejected the government stand that new posts in district judiciary should be created only after 90 per cent of the sanctioned strength has been filled up.The Supreme Court in Imtiyaz Ahmad vs. State of UP, has ruled that the required judge strength of the district judiciary shall be computed for each state in accordance with the interim approach suggested …

SC Upholds Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services [Read Judgment]
8 years, 5 months ago

SC Upholds Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services [Read Judgment]

Live Law  

However, the court has permitted the Bihar government to initiate the process of consultation by furnishing necessary information on its own assessment regarding the need to provide reservation in favour of specified backward classes in the judicial services of the state.The Supreme Cour,t in Govt. However, the court has permitted the Bihar government to initiate the process of consultation by …

SC Upholds Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services [Read Judgment]
8 years, 5 months ago

SC Upholds Patna HC Judgment Quashing Rules Which Provided Reservation In Judicial Services [Read Judgment]

Live Law  

However, the court has permitted the Bihar government to initiate the process of consultation by furnishing necessary information on its own assessment regarding the need to provide reservation in favour of specified backward classes in the judicial services of the state.The Supreme Cour,t in Govt. However, the court has permitted the Bihar government to initiate the process of consultation by …

Supreme Court Weekly Round-Up
8 years, 7 months ago

Supreme Court Weekly Round-Up

Live Law  

No prohibition in giving weightage to service rendered by daily wages employeesThe Supreme Court of India clarified that, its Judgment in Secretary, State of Karnataka vs. Uma Devi has not prohibited the State from giving weightage for the service rendered by employees where services were used by the State either temporarily or on adhoc bases, including daily wage basis, irrespective …

Mechanical rejection of applications by PSC undesirable - Courts can interfere if injustice is meted out to candidate : Kerala HC [Read Jt]
9 years, 7 months ago

Mechanical rejection of applications by PSC undesirable - Courts can interfere if injustice is meted out to candidate : Kerala HC [Read Jt]

Live Law  

In a recent judgment in a Writ appeal, Kerala Public Service Commission vs Roshini K.S, Kerala High Court has held that mechanical rejection of applications by Public service commission is undesirable and the courts can interfere if justice is meted out to candidate. The court held that “whether an infraction of a condition in the In a recent judgment in …

Reminiscing 2014: 15 judgments by the Apex Court that altered the course
10 years, 2 months ago

Reminiscing 2014: 15 judgments by the Apex Court that altered the course

Live Law  

Here is a list of the 15 judgments that were rendered in 2014 and which set the law in a different direction:1. National Legal Services Authority Union of India and Other In this judgment that was hailed by rights activists throughout the country, an apex Court bench comprising of Justice A.K. Krishan State of Haryana Getting rid of the shackles …

Administrative authorities too can review decisions like the judiciary: Supreme Court
11 years, 4 months ago

Administrative authorities too can review decisions like the judiciary: Supreme Court

Live Law  

While disposing of a batch of appeals of policemen filed against the common verdict of the Punjab and Haryana High Court, a Supreme Court bench comprising justices SJ Mukhopadhaya and AK Sikri in its 37-page verdict, said besides the judiciary, an earlier wrong and illegal orders can be reconsidered and annulled by the administrative authorities also, which has similar power …

Collegium system of judges appointment to be revisited
13 years, 11 months ago

Collegium system of judges appointment to be revisited

The Hindu  

With the Centre endorsing the plea for revisiting the 1993 nine-judge judgment, which paved the way for the collegium system of judicial appointments, the Supreme Court has asked the Registry to post before Chief Justice of India S.H. The Suraz India Trust, in its petition filed in 2010, sought reconsideration of the proposition of law settled in the judgment rendered …

Discover Related