2018 (7) TMI 2264

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....he appellant appeared for the competitive examination for the State service conducted during the year 2010. He approached the High Court of Madhya Pradesh seeking benefit of certain answers for which marks had not been awarded, which was found out in the process of RTI application. Learned Single Judge, as per judgment dated 28.03.2016, granted the consequential benefits on appointment and seniori....

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....r of screening by the Division Bench is provided in terms of the power of the High Court but that does not mean that the Single Judge is subordinate to the Division Bench. Being a writ proceeding, the Division Bench was called upon, in the intra court appeal, primarily and mostly to consider the correctness or otherwise of the view taken by the learned Single Judge. Hence, in our view, the Divisio....

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....ether the appellant would have otherwise been selected. On a query, the learned counsel appearing for Respondent No.1/State Public Service Commission submits that had the appellant been given the benefit of the marks, he would have been successful. 5. In the above circumstances, we are of the view that it is only in the interest of justice and for doing complete justice between the parties that....