The Madhya Pradesh High Court recently directed the authorities concerned to recompute the marks of Civil Judge Class-2 (Entry Level) Online Preliminary Exam – 2019 and prepare a fresh list of the candidates who are eligible to appear in the main examination.
The Petitioner Saumya Gupta and others have prayed for a direction to the respondents to recompute the marks obtained by all the candidates who had appeared in Civil Judge Class-2 (Entry Level) Online Preliminary Exam – 2019 (Phase II).
The Counsel for the Petitioners submitted that MP High Court by order dated 14.07.2021 passed in WP No.11049/2021 had appointed a Committee of two retired High Court Judges for the purpose of re-examining the model answer sheet of the questions about which the grievance was raised in those Petitions and had directed the respondents to prepare a fresh select list for permitting the candidates to appear in the main examination on the basis of the ratio of the judgment of the Supreme Court in the case of Pallav Mongia vs. Registrar General, Delhi High Court passed in Civil Appeal No.4795/2012 by order dated 28.05.2012 but the respondents have not recomputed the marks of all the candidates and have not given full effect to the judgment of the Supreme Court in the case of Pallav Mongia(supra).
Counsel for the Petitioners further submitted that the cut-off marks of 115 of the original list of unreserved candidate has not been changed whereas if full effect is given to the judgment of the Supreme Court in the case of Pallav Mongia(supra) then the cut-off marks will come down and the petitioner No.1 (Saumya Gupta) and other petitioners who have obtained 114 marks or slightly less marks will also be included in the list of candidates eligible to appear in the main examination.
Anshuman Singh, Counsel for the respondents has informed the Court that since there was some difficulty in giving full effect to the judgment of the Supreme Court in the case of Pallav Mongia(supra), therefore, the Review Petition No.633/2021 was filed before the M.P. High Court and on the basis of decision of Review Petition, recomputation of marks will be done by giving full effect to the judgment of the Supreme Court in the case of Pallav Mongia(supra).
The Jabalpur Division Bench of Justice Prakash Shrivastava and Justice Vishal Dhagat after hearing counsel for the parties and persuading the record noted that the connected Review Petition No.633/2021 has been decided by the High Court on August 24, by a separate order. Counsel for the respondents does not dispute that on the basis of the order passed by the High Court in the Review Petition, now recomputation of marks will be done. Such a recomputation will take care of the grievance of the Petitioners herein.
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“Hence, the present writ petition is disposed of granting liberty to the respondents to recompute the marks on the basis of the order passed in the Review Petition No.633/2021 today by giving full effect to the judgment of the Hon’ble Supreme Court in the case of Pallav Mongia(supra) and prepare a fresh list of the candidates who are eligible to appear in the main examination,” the order reads.
It is pertinent to note that in the Review Petition No.633/2021 is seeking review of the order dated 14.07.2021 passed in WP No.10070/2021. The last line of para 21 of the order of the High Court dated 14.07.2021 prohibiting the additional candidates who have obtained less marks than the prescribed marks, is coming in the way of the review petitioners in giving full effect to the final direction in the order of the High Court to prepare select list on the basis of the judgment in the case of Pallav Mongia(supra).
The last line of para 21 reads-
“We make it clear that no additional candidate who has obtained marks less than the prescribed minimum marks can be permitted to appear in the main examination.” On August 24, High Court allowed the Review Petition and deleted the last sentence of para 21 of the order dated July 14, 2021.