‘Rare, Exceptional Case’: Orissa HC Orders ‘Re-valuation’ Of Two Answers Of Candidate

Cuttack: The Orissa High Court has ordered a ‘re-valuation’ of two answers given by a candidate in the examination for direct recruitment in the cadre of District Judge from the Bar.

A Division Bench of Chief Justice S Muralidhar and Justice Radha Krishna Pattanaik held that the wide power under Article 226 may continue to be available even though there is no provision for revaluation in a situation where a candidate despite having given the correct answer and about which there cannot be even slightest manner of doubt, he is treated as having given the wrong answer, Live Law reported.

The HC held that in the exercise of the powers under Article 226 of the Constitution, in a rare and exceptional case, the power of the court is not negated from ordering re-valuation.

The petitioner, Amitav Tripathy, appeared in the examination conducted by the Orissa High Court for direct recruitment in the cadre of District Judge from the Bar for 2016-17. After he did not qualify in the written examination, he had applied for xerox copies of his answer sheets under the RTI Act.