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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D. RAMESH, J.
S. Nithyanandam - Petitioner
Versus
State Level Police Recruitment Board - Respondent
Writ Petition No. 7922 of 2023
Decided On : 10-07-2023
Writ Petition - State Level Police Recruitment Board - [Arithmetic, Test of Reasoning/Mental Ability, General Studies] - [Paper-I, Set-A: 62, Paper-II, Set-A: 7, 62, 46, 96, 31, 55, 17] - The court dismissed the Writ Petition filed by the petitioners seeking to revaluate the answer sheets of the Preliminary Written Test, considering the objections of the petitioners pertaining to certain questions in Paper-I and Paper-II, as the subject experts had given the final key based on the relevant material, and the majority of the candidates had answered and received marks for the disputed questions.
Fact of the Case:
The petitioners filed a Writ Petition seeking to declare the action of the State Level Police Recruitment Board in not considering their objections to certain questions in the Preliminary Written Test and disqualifying them for the Physical Measurement Test as illegal and arbitrary. The petitioners contended that the answers were wrong, questions were ambiguous, and there were questions without answers.
Finding of the Court:
The court dismissed the Writ Petition, stating that the subject experts had given the final key based on the relevant material, and the majority of the candidates had answered and received marks for the disputed questions. The court also referred to previous judgments emphasizing that the onus is on the candidate to demonstrate that the key answer is incorrect and that the Constitutional Courts must exercise great restraint in challenging the correctness of the key answers.
Issues: The issues revolved around the petitioners' objections to certain questions in the Preliminary Written Test, the legality and arbitrariness of the Board's actions, and the court's jurisdiction in entertaining academic matters.
Ratio Decidendi: The court held that unless the candidate demonstrates that the key answers are patently wrong on the face of it, the Courts cannot entertain the academic field, weigh the pros and cons of the arguments given by both sides, and then come to the conclusion as to which of the answer is better or more accurate. The court also emphasized the need for the Constitutional Courts to exercise great restraint in challenging the correctness of the key answers.
Final Decision: The court dismissed the Writ Petition, stating that the subject experts had given the final key based on the relevant material, and the majority of the candidates had answered and received marks for the disputed questions. The court also referred to previous judgments emphasizing that the onus is on the candidate to demonstrate that the key answer is incorrect and that the Constitutional Courts must exercise great restraint in challenging the correctness of the key answers.
ORDER :
The petitioners, 15 in number, filed the present Writ Petition, seeking to declare the action of the 1st respondent State Level Police Recruitment Board in not considering the objections of the petitioners pertaining to question No.62 in Paper-I (Set-A) and questions Nos.7, 62, 46, 96, 31, 55, 17 in Paper-II (Set-A) and disqualifying the petitioners for Physical Measurement Test as illegal and arbitrary; consequently, direct the 1st respondent Board to revaluate the answer sheets of the Preliminary Written Test by considering the objections of the petitioners pertaining to question No.62 in Paper-I (Set-A) and question Nos.7, 62,46, 96, 31, 55, 17 in Paper-II (Set-A) and award marks to the petitioners accordingly or delete all such questions and revise the list of candidates to be selected for the physical Measurements Test and consider the case of the petitioners for Physical Measurements Test as per the revised merit.
2. Heard learned counsel for the petitioners and learned Government Pleader for Services-I appearing for the respondents.
3. The case of the petitioners, in brief, is
[i] That the 1st respondent, State Level Police Recruitment Board (hereinafter referred as the Board) had issued recruitment notification vide Rc.No.163/SLPRB/Rect.1/2022, Dt.28.11.2022 inviting applications for the posts of Stipendiary Cadet Trainee (SCT) Sub Inspectors of Police (Civil) (Men & Women) in the Police Department and also for the posts of Stipendiary Cadet Trainee (SCT) Reserve Sub Inspectors of Police (APSP) (Men) in Police Department. A total number of 411 posts were notified in the Recruitment Notification of which 315 posts were notified for SCT SIs and 96 posts were notified for SCT RSIs. The minimum educational qualification for both the posts is a Bachelor's Degree and if the candidate is belonging to SC and ST, the minimum educational qualification is Intermediate with certain age restrictions. All the petitioners are fully eligible and qualified for both the posts and have applied to the Recruitment Notification.
[ii] The procedure or scheme for selection is in 4 stages. 1) Preliminary Written Examination (objective type), 2) Physical Measurements Test, 3) Physical Efficiency Test and 4) Final Written Examination. Final selection will be made as per the merit secured by the candidates in Papers-III and IV. The candidates who were qualified in the Preliminary Examination will only be called for the Stage-II i.e., Physical Measurements Test. The Preliminary Written Test consists of two papers, i.e., 1) Arithmetic (SSC standard) and Test of Reasoning / Mental Ability and 2) General Studies (Degree standard). The minimum qualifying marks to be secured by the candidates in the Preliminary Written Test in both the papers is 40% for OCs, 35% for BCs and 30% for SCS / STS / Ex-servicemen. If a candidate fails to secure minimum qualifying marks in one paper, he / she will be disqualified.
[iii] The Preliminary examination was conducted on 19.02.2023 in the Forenoon and Afternoon sessions. In order to conduct the examination with better confidentiality, the Board prepares question papers in (4) sets i.e., Set-A, Set-B, Set-C and Set-D. Questions are common in all the 4 sets and only the serial number of the questions will change. All the petitioners have appeared in their respective sets of question papers. The 1st respondent Board has released the Preliminary Answer Key for the Preliminary Written Test on 20.02.2023 calling for objections from the candidates on the Preliminary Key to be submitted to the e-mail ID of the Board on or before 23.02.2023. Petitioners submitted their objections to the questions in their respective set of question papers they appeared. All the questions they objected are same but the question numbers in the set of question paper in which they appeared are different. All the petitioners have submitted
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