I am writing to seek your guidance and assistance in one of the cases that we are dealing with right now and finding it difficult to proceed further in absence of an appropriate case law on the subject matter.
My client appeared in HAS examination and attained 599 marks whereas the top ranker attained 607 marks in total. She has scored above 70% marks in every subject except for hindi language paper in which she was able to score 39 marks only (the passing marks being 40). The answer sheet acquired through RTI reveals that my client was failed in the above mentioned paper deliberately owing to the fact that clear overwriting was done by examiner while checking the paper.
We are in search of an authority which can convince the court that the answer sheet be produced in the court for examination. The tampering with the marks in the answer sheet has to be proved in the court so that my client is able to sit for the interview.
I shall be highly grateful to you if you can help me out with this case.
Please find below the judgement link on the point of law you require, for your case on hand. Hope it fulfils your requirement. In case our team finds some more relevant citations, we are going to intimate you at the earliest.
Judgement link: State of Assam and Ors. Vs. Rimki Buragohain and Ors. ‘ [Dated: December 6 2012][Court: Guwahati]
Excerpts from the judgement relevant to your case on hand:
100. However, the verification of records discloses serious anomalies as regards marks awarded to the successful candidates in the viva voce. There are discernible interpolations by way of erasures and overwritings in respect of selected candidates in the matter of awarding of marks in the viva voce.
101. We have also noticed that in all the above cases higher marks ranging from 35 to 48.5 out of total of 50 have been awarded in the viva voce by way of interpolation, erasures etc. to select the above candidates. The above large scale interpolations lead to only one irresistible conclusion that after the selection process was over, these interpolations/changes etc. were affected by erasing the earlier marks allotted to the candidates and subsequently giving higher marks so that they can obtain selection.
102. The above chart further shows that almost all the selected candidates have been given higher marks in the viva voce compared to what they secured in the physical test. There is no dispute that persons who are less fortunate in the matter of physical attributes may have higher intellectual capabilities; but when a common pattern emerges that all the selected candidates had secured lessmarks in the physical test and higher marks in viva voce, which was more or less discretionary and after considering that the total mark for viva-voce was 50 and when this phenomenon is coupled with large scale interpolations/changes, erasures etc., the entire process of selection gets polluted and in fact, it happened in the case of Darrang Center.
103. Considering the large-scale interpolations, we have no doubt in our mind that the selection was not as per the norms laid down and there was material deviations to help the favoured ones. The impugned order of the learned Single Judge setting aside the entire selection of Darrang District is supported by materials on record and as such, the setting aside of the selection stands affirmed.