IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J.
Prem Prakash Sinha and Ors. - Appellants
Vs.
State of Chhattisgarh and Ors. - Respondents
Writ Petition (S) Nos. 1329, 1733, 2042, 2242 and 1494 of 2015
Decided On : 11-12-2015
Constitution of India - Article 226 – Condo nation of Delay - Cancelling the examination - Public Service Commission - In this batch of writ petitions, it has been stated that within the meaning of Aptitude Test second paper, question Nos. 116 to 130 asked were out of syllabus as they are relating to English language/grammar. The petitioners case is that knowledge of English language is not prescribed in the syllabus as mentioned in Schedule-II appended to the advertisement, therefore, above-stated fifteen questions could not have been asked under the said language and as such, appropriate reliefs be granted, granting bonus marking or directing the Chhattisgarh PSC to hold fresh examinations for the said posts cancelling the examination held for those posts – Held, . Thus, in sum and substance, this Court is of the considered opinion that question Nos. 116 to 130 relate to English language which is within the syllabus as held by the expert committee of the subject duly notified and accepted by the Chhattisgarh PSC well in time. The petitioners have neither challenged the report nor sought quashment of the same, as such, it has become final and it would be a case for interference had the Chhattisgarh PSC not invited objections or failed to take into account the said objections through its expert. Further, keeping in mind the petitioners conduct in keeping quite for fairly long time i.e. from 19-2-2015 to 15-4-2015, allowing the result to be declared, opinion of experts to have become final and allowing the interview to be concluded thereafter, filing the writ petitions without impleading selected candidates who are not only proper but necessary party without questioning the decision of the Chhattisgarh PSC accepting report of the expert committee holding question Nos. 116 to 130 within the syllabus, that too after appearing in the examination with open eyes and keeping in view the binding decisions of Their Lordships of the Supreme Court, the scope of jurisdiction vested in the Court to interfere in academic matters particularly in Maharashtra State Board of Secondary and Higher Secondary Education (supra), this Court is of the considered opinion that the writ petitioners have failed to make out a case for interference in the selection process and examination conducted by the Chhattisgarh PSC and the writ petitions deserve to be dismissed – petition dismissed
Sanjay K. Agrawal, J.
1. The Chhattisgarh Public Service Commission (for short 'the Chhattisgarh PSC'), the respondent herein, advertised the post of Assistant Director (Public Instructions) in advertisement dated 11-6-2014 and the posts of Registrar, Deputy Registrar and Assistant Registrar in advertisement dated 25-6-2014 inviting applications for the said posts in the Department of Public Instructions and the Department of Higher Education, respectively, prescribing syllabus for the same. Written examination was conducted jointly for all the posts on 12-10-2014. The Chhattisgarh PSC published model answers of both the papers i.e. General Studies and Aptitude Test inviting objections vide notification dated 25-10-2014 and last date for submission of objections was 20-11-2014. The petitioners submitted their objections relating to question Nos. 116 to 130 stating that such questions are outside the syllabus and are not included in the Aptitude Test prescribed in the syllabus and, therefore, appropriate action be taken for deletion and award of bonus marks. The Chhattisgarh PSC immediately constituted an expert committee consisting of three members for consideration of those objections raised by the petitioners including other candidates and by the said committee of subject experts, the questions were held to be within the syllabus prescribed. Accordingly, the Chhattisgarh PSC turned down their objections and published notification on 19-2-2015. Thereafter, result of the examination was declared on 7-4-2015. The writ petitions were filed on or after 15-4-2015 challenging the result of examination and seeking bonus marks for disputed questions, for conducting fresh examinations and setting aside the examination already held. In the meanwhile, interview for the post of Assistant Director was concluded.
2. In this batch of writ petitions, it has been stated that within the meaning of Aptitude Test second paper, question Nos. 116 to 130 asked were out of syllabus as they are relating to English language/grammar. The petitioners' case is that knowledge of English language is not prescribed in the syllabus as mentioned in Schedule-II appended to the advertisement, therefore, above-stated fifteen questions could not have been asked under the said language and as such, appropriate reliefs be granted, granting bonus marking or directing the Chhattisgarh PSC to hold fresh examinations for the said posts cancelling the examination held for those posts.
3. The Chhattisgarh PSC has filed its return stating inter alia that the said questions are well within the four corners of syllabus prescribed since these questions fall within the purview of "Interpersonal skills including communication skills" which is prescribed in serial No. 1 of the syllabus prescribed for Aptitude Test. It has further been averred that objections regarding questions being out of syllabus were placed before the expert committee duly constituted for that purpose. The expert committee of subject concluded that aforementioned questions are as per the prescribed syllabus and as such, those are within the syllabus prescribed for Aptitude Test. The Chhattisgarh PSC has also placed the syllabus of different Universities to substantiate the fact that in the syllabus prescribed by various Universities also the question paper of "Communication Skill" consists the questions in English language. Therefore, it has been submitted that the writ petitions deserve to be dismissed, as such objections by unsuccessful candidates are based on afterthought.
4. Rejoinders have been filed opposing the returns.
5. Opening the arguments in this batch of writ petitions, Mr. Vinay Pandey, learned counsel for the petitioners appearing in W.P.(S)No. 1329/2015 (Prem Prakash Sinha v. State of Chhattisgarh and others) and W.P.(S) No. 2242/2015 (Rajesh Kumar Shukla v. State of Chhattisgarh and others), would submit that question Nos. 116 to 130 were out and out from the syllabus prescribed for Apti
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