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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 law graduate challenged his dismissal from a 2011 Tripura Judicial Service examination, claiming correct answers were marked incorrect. The High Court allowed his review petition and ordered re-evaluation five years after the original decision was upheld by the Supreme Court. The Supreme Court reversed this, holding that while no statutory right to re-evaluation exists, courts retain discretionary power under Article 226 to intervene in rare exceptional cases of demonstrable error. However, the inordinate five-year delay, combined with subsequent fresh selections and failure to raise grounds earlier, made this case unsuitable for such interference. The appeal was allowed and the review petition dismissed.

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