Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Selection Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Selection/Appointment - On the basis of competitive examination - Evaluation of answer scripts challenged - Defect found in 'Model Answer Key' to one of the papers - High Court directed to conduct fresh examination in the paper having defective 'Model Answer Key' - Held: The entire selection process was vitiated by use of defective 'Model Answer Key' and appointments made on the basis of such examination would also be rendered unsustainable - However, in the facts of the case, instead of directing fresh examination, correcting the defect by evaluation of answer scripts with correct key was better option - The re-evaluation would affect only inter-se seniority among the candidates - The already appointed candidates, after re-evaluation, if did not make the grade, would not be ousted from service, but would figure at the bottom of the select list. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 161 |
Petitioner | Rajesh Kumar & Ors. Etc. |
Respondent | State Of Bihar & Ors. Etc. |
SCR | [2013] 4 S.C.R. 753 |
Judgement Date | 2013-03-13 |
Case Number | 2515-2516 |
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