IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
C. Praveen Kumar, D. Ramesh, JJ.
N. Saidinesh and Ors.- Appellants
Vs.
The State of Andhra Pradesh and Ors. - Respondent
Writ Appeal Nos. 388, 393 and 394 of 2020
Decided On : 09-12-2020
WRIT APPEALS - PUBLIC SERVICE COMMISSION - PRELIMINARY EXAMINATION - ERRORS IN TRANSLATION OF QUESTIONS - INCORRECT FRAMING OF QUESTIONS - POSTPONEMENT OF MAIN EXAMINATION - VALIDITY - EXPERT COMMITTEE'S FINDINGS - JUDICIAL REVIEW - SCOPE - DELAY IN FINALIZATION OF APPOINTMENTS - PREJUDICE TO CANDIDATES - RE-EVALUATION OF ANSWER SHEETS BY COURTS - PROHIBITION.
Fact of the Case:
Writ Appeals were filed challenging the order of the Single Judge, which postponed the main examination of the Public Service Commission (APPSC) and directed the APPSC to make appropriate corrections in the marks awarded to the candidates who appeared for the preliminary examination due to errors in translation of questions and incorrect framing of questions.
Finding of the Court:
The Court held that the plea of the appellants that the questions and answers to certain questions were not only erroneously translated but also incorrectly framed was liable to be rejected as it was raised for the first time in the Writ Appeals and no objections were raised earlier. The Court also held that the findings of the expert committee regarding the correctness of the answers could not be interfered with by the Court at this stage. The Court further held that the delay in finalization of appointments to public posts was mainly caused due to pendency of cases challenging selections pending in courts for a long period of time.
Issues: 1. Whether the errors in translation of questions and incorrect framing of questions in the preliminary examination warranted the postponement of the main examination? 2. Whether the findings of the expert committee regarding the correctness of the answers could be interfered with by the Court?
Ratio Decidendi: 1. The Court held that the plea of the appellants that the questions and answers to certain questions were not only erroneously translated but also incorrectly framed was liable to be rejected as it was raised for the first time in the Writ Appeals and no objections were raised earlier. The Court also held that the findings of the expert committee regarding the correctness of the answers could not be interfered with by the Court at this stage. 2. The Court further held that the delay in finalization of appointments to public posts was mainly caused due to pendency of cases challenging selections pending in courts for a long period of time.
Final Decision: The Court dismissed the Writ Appeals and held that the order of the Single Judge was valid.
ORDER :
C. Praveen Kumar, J.
1. Originally, Writ Petitions came to be filed to declare the action of respondents on various issues, namely, mistakes in translation of questions from English to Telugu language; not allowing non-programmable calculators to the examination hall for solving certain questions; more than one correct answer in multiple choice questions etc., as illegal, improper and incorrect.
2. By an order dated 22.10.2020, the learned Single Judge, while postponing the main examination, which was scheduled to be held on 2.11.2020, directed the Public Service Commission to do as under:
2) The Public Service Commission after making necessary corrections shall arrive at a new merit list/shortlist and fix the cutoff point thereafter. Those who qualify in the new shortlist will be eligible to write the main examination.
3) The Public Service Commission shall not conduct the main examinations proposed to be held from 2.11.2020. It shall conduct the main examination only after the completion of the above exercise on the basis of the new merit list/short list."
3. Challenging the same, the present Writ Appeals are filed under Clause 15 of Letters Patent.
4. Though various grounds are raised in the Writ Appeals filed, Sri B. Adinarayana Rao, learned Senior Counsel appearing for the appellants, would restricts his argument to the findings of the learned Single Judge, in holding that questions and answers to Q. Nos. 37, 48, 60 in paper-I and question Nos. 116 and 117 in paper-II are not only erroneously translated but they are incorrectly framed. He took us through the said questions and answers given to the said questions to show that they are not only erroneous in translation but even the questions framed and answers given are incorrect.
5. Insofar as the question No. 37 is concerned, the English version of the said question and answer reads as under:
(1) Habeas Corpus safeguards the liberty not only of the citizens but also of the persons within the territory.
(2) Writ of Habeas Corpus is not to be entertained when a person is committed to judicial custody or public custody by the competent court.
(3) A petition of Habeas Corpus lies against the executive authority, not available against the private individuals.
(4) The Habeas Corpus petition cannot be dismissed on the ground of imperfect pleadings."
6. Out of the four options given, the key showed the correct answer as option No. 2. But, the Telugu version of the said question is totally different, wherein the candidates were asked to choose the correct answer out of the multiple choices given. According to him, both these questions are quite opposite to each other and the answer given does not match the question in both the languages.
7. Similarly, he took us to question No. 48, which deals with the powers of the President. As per the key, the answer to the said question is option No. 2, but, according to the Senior Counsel, the question as well as answer were wrongly framed. Similarly, question No. 60 is also wrongly framed as the word "no" should have been incorporated before the words "such law" in the third line of that question, failing which, it carries no meaning. Likewise, he also took us through question No. 116 and question No. 117 and tried to demonstrate before us that in so far as question No. 117 is concerned, as per the material available on the website, the number of Municipal Corporations in Andhra Pradesh are 14 and not 16 as per the key and further the correct answer for question No. 116 is, option No. 3 and not option Nos. 1 to 3. Hence, pleads for postponing of the main examination, which is scheduled to be held on 14.12.2020.
8. Sri R. Mallikarjun, learned counsel appearing for APPSC, would submit that,
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