Bhagwati Hansda, Daughter Of Babulal Hansda v. State Of Jharkhand
2019-02-05
SUJIT NARAYAN PRASAD
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DigiLaw.ai
JUDGMENT Sujit Narayan Prasad, J. - This writ petition is under Article 226 of the Constitution of India, wherein direction has been sought for to evaluate the answersheet of the petitioner to appear in the Teacher Eligibility Test-2016 Examination by expert committee and declared the result forthwith. She has secured 76 marks which is equal to the last selected candidate furnished on 18.04.2017. 2. It has been submitted by Ms. Rich Sanchita, learned counsel for the respondent-Jharkhand Academic Council that there is no provision with the Jharkhand Academic Council for reevaluating the answer-sheet. She submits by referring to paragraph-7 of the counter-affidavit that the petitioner has obtained less marks than the last selected candidate, therefore, he has not been selected and declared to be unqualified. 3. In view thereof, there is no infirmity in the process of the selection. 4. Having heard learned counsel for the parties and on perusal of the pleadings made in this writ petition and counter-affidavit it is evident that direction has been sought for to evaluate the answer-sheet of the Teacher Eligibility Test-2016 Examination, since the petitioner has got two marks less than the last selected candidates. 5. It is now not in dispute that reevaluation of the answer-sheet can only be directed to be done it provided under regulation governing the field as has been held by the Hon''ble Apex Court in case of Ran Vijay Singh and others Vs. State of U.P. and others, reported in , (2018) AIR SC 52. 6. In view thereof, reevaluation as has been sought for by the petitioner to reevaluate the answer-sheet cannot be passed taking into consideration the proposition as settled by the Hon''ble Apex Court in the aforesaid judgment. 7. Admittedly the petitioner has got two marks less than the last selected candidates as such has not been selected and not qualified. 8. In view thereof, no direction can be passed to declare the petitioner as successful candidates in the Teacher Eligibility Test-2016 Examination. 9. In view thereof and considering the entirety of the facts and circumstances, there is no merit in the writ petition. 10. Accordingly, the writ petition fails and is dismissed.