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2020 Supreme(AP) 753

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. Raghunandan Rao, J.
N. Saidinesh and Ors. – Appellants
Versus
The State of Andhra Pradesh and Ors. – Respondents
W.P. Nos. 536, 2156, 5432, 13201, 15757 and 18090 of 2020
Decided On : 22-10-2020

Advocates:
Advocate Appeared:
For the Appellant : B. Adinarayana Rao, Sr. Counsel appearing for Srinivasa Rao Bodduluri, Madasa Bharat Chandra, Thandava Yogesh and M.V.V.R. Satyanarayana
For the Respondent: Addanki Rama Chandra Murthy and R.V. Mallikarjuna Rao

Judicial scrutiny of answer keys is limited to cases where glaring errors are apparent and no inferential process is required to show that the answers are wrong.

Headnote:

GROUP-I SERVICE PRELIMINARY EXAMINATION - OBJECTIONS TO ANSWER KEY - ERRORS IN TRANSLATION - PROHIBITION OF CALCULATORS - JUDICIAL SCRUTINY OF ANSWER KEYS - DIRECTIONS TO PUBLIC SERVICE COMMISSION - WRIT PETITIONS - DISMISSED. 1. Errors in translation in the question paper cannot be a ground for contending that the candidates could not answer the questions properly, because of the discrepancy in translation. 2. Prohibition of usage of calculators in the examination cannot be challenged, as the decision to prohibit usage of calculators is not a change in the conditions. 3. Judicial scrutiny of answer keys is limited to cases where glaring errors are apparent and no inferential process is required to show that the answers are wrong. 4. Directions issued to the Public Service Commission to take steps to make appropriate corrections in the marks awarded to the candidates, arrive at a new merit list/shortlist, and fix the cutoff point thereafter. 5. The Public Service Commission is directed not to conduct the main examinations proposed to be held from 02.11.2020 and to conduct the main examination only after the completion of the above exercise on the basis of the new merit list/short list.

Fact of the Case:

The petitioners challenged the answer key and the method of evaluating the answers in the preliminary examination for Group-I Service conducted by the A.P. Public Service Commission. Objections were raised on the prohibition of usage of calculators and the differences in translation between the question papers set in English and Telugu.

Finding of the Court:

The court found that there were errors in translation in the question paper, but these errors could not be a ground for contending that the candidates could not answer the questions properly. The court also held that the prohibition of usage of calculators in the examination was not a change in the conditions and could not be challenged. The court further held that judicial scrutiny of answer keys is limited to cases where glaring errors are apparent and no inferential process is required to show that the answers are wrong.

Issues: 1. Whether errors in translation in the question paper can be a ground for challenging the answer key? 2. Whether the prohibition of usage of calculators in the examination can be challenged? 3. Whether judicial scrutiny of answer keys is permissible and, if so, to what extent?

Ratio Decidendi: 1. Errors in translation in the question paper cannot be a ground for contending that the candidates could not answer the questions properly, because of the discrepancy in translation, as per the instruction in the question paper, the English version will be considered as the authentic version for valuation purpose. 2. Prohibition of usage of calculators in the examination cannot be challenged, as the decision to prohibit usage of calculators is not a change in the conditions, as the subject expert, who sets the paper, decides, after the question paper is set, whether the candidates would require a calculator to answer the questions in the papers set by the subject experts. 3. Judicial scrutiny of answer keys is limited to cases where glaring errors are apparent and no inferential process is required to show that the answers are wrong.

Final Decision: The writ petitions were dismissed. The Public Service Commission was directed to take steps to make appropriate corrections in the marks awarded to the candidates, arrive at a new merit list/shortlist, and fix the cutoff point thereafter. The Public Service Commission was also directed not to conduct the main examinations proposed to be held from 02.11.2020 and to conduct the main examination only after the completion of the above exercise on the basis of the new merit list/short list.

ORDER :

R. Raghunandan Rao, J.

1. Heard Sri B. Adinarayana Rao, learned Senior Counsel appearing for Sri Srinivasa Rao Bodduluri learned counsel for the petitioner, Sri Yogesh Tandava, learned Counsel for the petitioner in W.P. No. 2156 of 2020 and Sri R.V. Mallikarjuna Rao for the respondents.

2. Before adverting to the controversy in question, a few facts would be necessary:-

The A.P. Public Service Commission had issued notification dated 31.12.2018 for filling up various carry forward vacancies and fresh vacancies falling under Group-I Service. The said notification also set out the conditions under which the recruitment process would be carried out. The selection process was in three stages, viz., preliminary examination, main examination and interview. All persons, who are eligible in terms of age and other qualifications were permitted to appear for the preliminary examination, which was an objective test consisting of two papers, viz., Paper-I was to test the candidates in-(a) History and Culture; (b) Constitution Policy, Social Justice and International relations; (c) Indian and Andhra Pradesh Economy and Planning; and (d) Geography and Paper-II was to test the candidates in-(a) General Mental Ability, Administrative and Psychological Abilities; and (b) Science and Technologies, and Current events of Regional, National and international importance.

3. The preliminary examination was a screening examination to shortlist candidates appearing for the Main exam in the ratio of 1:50. Thereafter, depending upon their performance in the main examination, candidates would be called for interview in a ratio of 1:2 of the vacancies available. The performance of the candidates in the main examination and interview would be taken into account for issuing the final merit list from which candidates would be selected for various vacancies in accordance with the rule of reservation and other parameters.

4. Each of the papers, for the preliminary examination for 120 marks consisted of 120 multiple choice. As a measure of preventing malpractices, four sets of question papers, viz., Set-A, Set-B, Set-C and Set-D papers were prepared for each of the question papers. In all the paper sets, the questions were same. However, the order in which they were placed in the question papers was changed.

5. About 50,000 candidates appeared for the preliminary examination, which was conducted on 26.5.2019. As a measure of transparency, the key to the questions, giving the correct choices, as decided by the Public Service Commission, was published on 26.05.2019. The candidates were permitted to raise objections to any of the answers indicated by the Public Service Commission till 10.06.2019. The objections so received were referred to subject experts for verification. A report of the subject experts, on the objections raised by the candidates, was received on 05.9.2019 and the revised key was published on 06.09.2019. According to the revised key, 19 questions in Paper-I and 6 questions in Paper-II were found to be incorrect and the marks in relation to those questions were deleted. As a further measure, objections were again called for in relation to the revised key published on 06.09.2019 up to 17.09.2019. These objections were received and referred to the subject experts on 18.09.2019. At that stage, other candidates, who had appeared in the preliminary examination, had approached this Court by way of W.P. No. 13075 of 2019.

6. The Petitioners, in W.P. No. 13705 of 2019, had also filed an interlocutory application for staying all further proceedings in the selection process. A learned single judge of this Court had, by order dated 26.9.2019, directed that there shall be a stay of pronouncement of results of the Preliminary examination. Thereupon, the Public Service Commission had filed a vacate petition which came to be allowed on 1.11.2019. Thereafter, the results were announced along with the publication of the Final answer key based upon the recommendat

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