Ananda Sen, J. - (1.) :- Being aggrieved by the judgment dated 24.4.2015 passed in WP(C) No. 1695 of 2015, the writ petitioner-appellant has preferred this Appeal under Clause 10 of the Letters Patent Appeal. The writ petitioner appeared in the written examination which was conducted by the Jharkhand Public Service Commission (for short 'JPSC') for filling up the post of Civil Judge (Junior Division).
(2.) The writ petitioner-appellant, who is a B.C.-I Candidate, appeared in the main examination in the year 2014, pursuant to Advertisement No. 04/2013. He was allotted Roll NO. 41321098. The written examination consists of four papers, which are as follows:- 01 Law-I 02 Law-II 03 Law-III 04 Hindi and English.
(3.) The dispute arose in respect of Paper Law-III. The result of the said examination was published and the appellant was declared unsuccessful having obtained 190 marks out of 400 in written examination and 44 marks out of 100 in viva voice, thus totalling to 234 marks out of 500. As per the appellant, the cut off marks in the category of the appellant i.e. B.C.-I was 239 and the marks of the appellant was short only by 05 marks. The appellant applied for inspection of the answer-sheet under the Right to Information Act and he was allowed to inspect the answer-sheet. From inspecting the answer-sheet, the appellant could come to know that Question- 9 of Section E, of Paper No. III was not evaluated by the examiner, as the examiner had given a remark 'extra'. The appellant filed a representation on 07.04.2015 before respondent No. 2- the Secretary, Jharkhand Public Service Commission, but no action was taken. Having no other alternative, the writ petitioner-appellant approached this Court by filing writ petition under Article 226 of the Constitution of India on 22.4.2015, praying therein for a direction to check and evaluate Section-E of Paper -III Law of Jharkhand Judicial Service and Civil Judge (Junior Division) Main Examination, 2014.;