K.M. Joseph, J. - (1.) The appeal by Special Leave is directed against the order passed by the High Court of Gauhati dated 19.03.2018 in Review Petition No.21 of 2018. By the impugned order, the Review Petition filed by the respondent No.1 against the dismissal of his Writ Petition, has been allowed and the Court has directed the re-evaluation of his answer papers in regard to the selection to the post of Grade-I in Tripura Judicial Service.
(2.) By advertisement dated 18.01.2011, applications were invited from practicing Advocates for appointment as Grade-I in Tripura Judicial Service. 3 vacancies were notified. Pursuant to the advertisement, Respondent No.1 appeared in preliminary examination held on 12.06.2011. The results were declared on 24.06.2011. The petitioner along with 16 other candidates were shown as qualified. The main examination was held on 30.07.2011 and 31.07.2011. The written examination comprised of 3 papers. The result of the main examination was declared on 29.09.2011 in which Respondent No. 1 was declared as not qualified. He sought disclosure of marks under the Right to Information Act, 2005. However, he was allowed to inspect his answer scripts on 01.11.2011. It is the case of the respondent No.1 that some correct answers were found marked as incorrect. He secured 175 marks out of 300. Thus, he was 5 marks short to be shortlisted for appearing for the interview as the requirement was 60%. He filed Writ Petition No.1809 of 2012 seeking re-evaluation of his answer papers in Papers I, II and III and declaring the decision holding him as not qualified for the interview as null and void. The said Writ Petition came to be dismissed on 12.12.2012. The respondent filed Special Leave Petition before this Court which was dismissed on 23.07.2013. It is, thereafter, he filed the Review Petition. In the Review Petition, the High Court finds that under the 2003 Rules, which apparently governed the conduct of the examination, there is no provision for reevaluation of answer scripts. It was, however, found that there is no prohibition against re-evaluation provided it finds any patent error. This may include not awarding any marks for a correct answer or treating a correct answer to be an incorrect answer. The Court, no doubt notes it has to be bear in mind that it cannot step into the shoes of the examiner and undertake the exercise of re-evaluation like a super examiner. Thereafter, the following finding is rendered:- "25. We have gone through the answer scripts of the petitioner both in PaperI and Paper-II. To us, answers given in respect of Question Nos. 3 (xiii), 2(xviii) and 3(xv) of Paper II which were marked as incorrect answers and Question No.I(xiv) of Paper II for which no marks were awarded may require a relook. However, we hasten to add that we have not expressed any final opinion in this regard".
(3.) Regarding the case set up by the petitioner based on the dismissal of the Writ Petition, it was found based on adjudication related to Paper-III and that it did not adjudicate the grievance of respondent No. 1 in respect of Papers I and II, as perhaps, it was not highlighted by the respondent No.1. Noting that long time has elapsed the Court allowed the Writ Petition and modified the Judgment by which the Writ Petition was dismissed and the Court directed the Registrar General of the Tripura High Court to reevaluate the answer sheet scripts pertaining to Papers II and III of the main examination re-evaluated. For this purpose, the answer papers in the custody of Gauhati High Court was to be transmitted in sealed cover to the Registrar General, Tripura High Court.;