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2020 (3) TMI 1466 - HC - Indian LawsMaintainability of appeal against the interlocutory order - Norms to be maintained with regard to evaluation of answer papers - HELD THAT:- On going through the order which is under challenge, it is clear that it is not the main relief as prayed for, but an 'interim order' observing that the particular question answered by the writ Petitioner was not evaluated. The said evaluation could not have been done by the Court itself, in view of the various rulings and the matter had to be referred to the expert i.e. the evaluator, which alone has been done. Whether the said marks are to be added; whether any legal impediment is there in this regard; whether the evaluation done is right; whether secrecy has been maintained; whether it is in conformity with the binding precedents etc. are all matters to be decided after hearing both the sides, which is still to happen. The scope and ambit of writ appeal against interlocutory order has been considered by a Full Bench of this Court in AJAY GUPTA VERSUS STATE OF CHHATTISGARH AND ORS [2017 (1) TMI 1827 - CHHATTISGARH HIGH COURT], where it has been observed that, unless the order concerned is having finality with regard to the prayers sought for, it is not maintainable. The application for condonation of delay as well as writ appeal stand dismissed, without prejudice to rights and liberties of the parties to address the Court where the issue is pending on all grounds including the factual as well as the legal points.
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