DHJS Exam 2022 : Supreme Court Sets Aside Delhi HC Order Allowing Re-Evaluation Of Answer Sheet
Live LawThe 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 had. 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. Agreeing with the Appellant that in light of Section 134 of the Trademarks Act, 1999, the answer to question No.9 of Law Paper-I of the respondent was wrong and the examiner was right in giving him ‘zero marks’ for it, the division bench of Justice C T Ravikumar and Justice Manoj Misra observed: “the respondent got no case that Section 134 of the Trade Mark Act, 1999 is not the specific provision applicable as relates question No.9 of Law Paper-I and therefore, we are at a loss to understand as to how he could attribute ‘material error’ warranting interference in exercise of power under Article 136 of the Constitution of India.” The contention of the appellant was that under Clause 3 XII, Rule 7C of the Appendix to the Delhi Higher Judicial Service Rules, 1970 re-evaluation of answer sheets is prohibited. The Top Court set aside the order in light of the prohibition under the DHS Rules and the lack of material error: “We are of the considered view in the light of the specific prohibition in Clause XII of Rule 7 of the DHJS Rules for re-evaluation as also in view of our conclusion that there is no ‘material error’ in the evaluation warranting an interfering with the decision of the petitioner herein” Case Title: Registrar General, High Court of Delhi V. Ravinder Singh, Special Leave Petition No.3144 of 2023 Citation : 2023 LiveLaw 553