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Supreme Court of India 2019-02-06 allowed

High Court of Tripura Through The Registrar General vs Tirtha Sarathi Mukherjee & Ors

Bench: 2 — K.M. Joseph

In Brief

A candidate for appointment in the Tripura Judicial Service was marked as not qualified in a main examination. After inspecting his papers, he discovered what he claimed were marking errors and sought re-evaluation. The High Court's review petition allowed him relief and directed re-evaluation. The Supreme Court held that although a review petition filed after dismissal of a special leave petition is not per se unmaintainable, courts cannot direct re-evaluation without statutory provision except in rare, exceptional cases with indisputable proof of error. The appeal was allowed on the grounds of inordinate delay (5 years), supervening selections, and the High Court taking up issues not previously pressed before it.

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