SLP (C) No (s). 23202-23204 of 2015
Article 226 (Judicial Review)
Patna High Court had set aside results of the main examination conducted by Bihar Staff Selection Commission (BSSC). It also directed it to prepare fresh results of the Graduate Level Combined Examination 2010, according to the directions of the Court in relation to deletion/modification of questions and answers as stipulated in the judgement. Above-mentioned decision by this single judge bench was questioned by three writ petitions.
Scope of judicial review under Article 226 is matters concerning evaluation of candidates, for purpose of recruitment to public services is narrow. Unilateral exercise of re-evaluation undertaken by the High Court’s interference has not resulted in finality to the result of examinations, despite a long lapse of time.
In the absence of any provision for evaluation of answer sheets, judicial review should be rarely exercised. Directed the BSSC to evaluate and publish the results afresh, in light of recommendations and report of the experts, not disturbing appointments made previously pursuant to directions of the single judge.
Article 21,226 and 359 of The Indian Constitution. Section 3,16 and 18 of Maintenance of Internal Security Act
Order 33 of the Civil Procedure Code, Section 18 and 20 of the Hindu Adoption and Maintenance Act.