The court has the authority to direct the rectification of scoring for erroneous questions in an examination and to issue directions for the selection process.

ORDER :

1. Applications for impleadment are allowed.

2. Leave granted.

3. Heard Mr. Harish N. Salve, learned senior counsel for the applicant and Mr. Mehrotra, learned counsel for the State.

4. The appellants, along with many others, appeared in U.P. Sub Inspector (Civil Police) Ranker Examination under U.P. Civil Police Service Rules, 2008 for the post of Sub Inspectors. It is not in dispute that in question papers 18 questions were set in an erroneous manner. The learned Single Judge being approached by some of the candidates in a writ petition, directed that the petitioners who have knocked at the doors of the High Court shall be granted full marks in respect of the 18 questions, who have attempted the said erroneous questions.

3. The said order was assailed by some of the candidates before the Division Bench of the High Court, which is sub judice. Be it stated, an interim order was passed by the High Court in the Special Appeal No. 577/2012. Questioning the correctness of the said interim order, State of U.P. and its functionaries came before this Court and on 7.10.2013 in C.A. No. 9688/2013, this Court vacated the order of stay and permitted the selected candidates to go for training and join the posts.

4. Having heard learned counsel for the parties, we are of the convinced opinion, the controversy should be put to rest from all spectrums and accordingly we issue the following directions:-

(a) The posts that have been filled up by successful candidates, as has been apprised to us at the Bar, are 3358 and the candidates who have joined in the said posts and presently working shall not be disturbed.

(b) The U.P. Police Recruitment & Promotion Board, Lucknow shall scrutinise the papers of all the candidates, namely, the persons who had approached the writ court and the candidates who had not approached the writ court and if they have attempted and answered the 18 questions, which were wrongly set out, they will be awarded full marks for said 18

questions.

(c) If a candidate has not answered any erroneous question, the same shall be proportionately reduced. To clarify, the candidate shall only get full marks for the questions answered.

(d) A fresh select list shall be drawn up taking into account the aforesaid marks in respect of 2031 posts which are available in presenti pertaining to the year 2008.

(e) The aforesaid exercise shall completed within a period of three months hence and the successful candidates shall be duly intimated and subsequent action shall be taken by the State.

5. By virtue of our order, any matter pending in the Writ Court or before the Division Bench shall be deemed to have been disposed of.

6. The appeal stands disposed of on the above terms. There shall be no order as to costs.