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2016 Supreme(Chh) 198

IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
Deepak Gupta, J.
Ku. Varsha Dongre D/o Shri Sukhiram Dongre - Petitioner
Versus
State Of Chhattisgarh Through The Chief Secretary and Ors. - Respondents
Writ Petition No. 4028, 3028 of 2006
Decided On : 26-08-2016

Advocates Appeared:
For the Petitioner: In person.
For the Respondent:Dr. N.K. Shukla, Senior Advocate with Shri B.D. Guru, Advocate, Shri Jugal Kishore Gilda, Advocate General, Shri Kishore Bhaduri, Shri Awadh Tripathi, Shri Sunil Otwani, Shri Rajeev Shrivastava, Shri Ashish Shrivastava, Shri Prafull N. Bharat, Shri H.C. Shukla, Shri Manoj Paranjpe, Shri Prateek Sharma, Shri Ashok Kumar Shukla, Shri Atanu Ghosh, Shri Abhishek Sinha, Shri

Headnote:

Right to Information Act, 2005 – Jurisdiction – Quash of order - Examination was conducted - Charges of misconduct - Undisputed facts are that Commission issued an advertisement inviting applications for posts in said Civil Services ranging from Deputy Superintendent of Police to Sub Inspector - Test was to be conducted in three parts viz. preliminary examination main examination and interview - Preliminary examination consists of two papers of objective type - Main examination consists of seven papers of conventional type questions and interview was to carry marks - Preliminary examination was conducted – Thereafter main examination was conducted - Petitioners were called for interview but their names did not find place in final merit list - They sought certain information from Commission and thereafter filed present writ petitions – Held, It is clarified that since nobody has challenged marks in interview after re-scaling is done no fresh interviews shall be conducted - Only marks already awarded for viva voce shall be added to marks given after re-scaling and fresh final seniority list will be drawn up after excluding persons who were not entitled to be called for interview - Petitioners have fought a long drawn out battle - It is only because of persistence and tenacity of Petitioners especially that these irregularities acts of corruption nepotism favoritism etc have been brought out - Therefore Chhattisgarh Public Service Commission is burdened with costs in writ petition of Petitioner which shall be paid to her and in other writ petition where both Writ Petitioners will get each - Exemplary costs have been awarded because of totally false stand taken by Chhattisgarh Public Service Commission earlier and its obstinacy in not correcting mistakes for which permission was granted to it on its own application by this Court vide order - Costs be paid on or before October - Writ petitions are disposed of

JUDGMENT :

1. Both the writ petitions are being disposed of by a common judgment because in both the petitions, challenge is to the selection made by the Chhattisgarh Public Service Commission (hereinafter called 'the Commission') in the Public Service Commission Examination for the year 2003 on various grounds.

2. The undisputed facts are that the Commission issued an advertisement on 04.07.2003 inviting applications for 177 posts in the said Civil Services ranging from Deputy Superintendent of Police to Sub Inspector (Excise Department). The test was to be conducted in three parts viz. preliminary examination, main examination and interview. The preliminary examination consists of two papers of objective type. The main examination consists of seven papers of conventional type questions and the interview was to carry 250 marks. The preliminary examination was conducted on 21.12.2003. Thereafter, the main examination was conducted. The Petitioners were called for interview but their names did not find place in the final merit list. They sought certain information from the Commission and thereafter filed the present writ petitions.

3. The allegations of the Petitioners in a nutshell are that the selection process of the Commission is full of irregularities, corruption and mistakes. At every stage of the examination, there has been bungling and corruption, and as such, the entire selection process needs to be quashed. The Petitioners firstly submit that the question papers of the main examination were not properly marked and they have attempted to show that the marking is highly improper. By drawing the attention of this Court to certain answer-papers, it is submitted that since the marking at this stage is improper, the answer sheets of all the candidates who appeared in the main examination should be got evaluated again.

4. The second submission is that the Commission followed a system of scaling. It outsourced scaling to some other agency namely Noybl Lab. According to the Petitioners, the scaling has not been done properly. They have pointed out various instances where the persons having the same raw marks have been given different marks after scaling. Scaling has to be done according to a mathematical formula and if the raw marks are same, the marks after scaling cannot be different.

5. The next submission is that the scaling was also improper because if a particular paper was attempted by a candidate as a first option and he got 'x' number of marks before scaling, after scaling he was given 'y' number of marks. However, if any candidate attempted the same paper in the same subject not as first option but as second option and got the same marks i.e. 'x' then he was not given 'y' marks and was totally given different marks i.e. 'z' marks. This according to the Petitioners, clearly shows that scaling was improper.

6. The Petitioners also submit that in the subject of Anthropology, two different methods were followed for evaluating the same paper. The Petitioners have placed reliance on the statement of charges of misconduct Dr. B.P. Kashyap, Examination Controller of the Commission in this regard. In the paper of Anthropology, papers of some candidates were evaluated by only evaluating 4 answers with each carrying a value of 75 marks and in case of some other candidates, five answers were evaluated out of which two were evaluated against 75 marks and other three were evaluated against 50 marks. In the second paper of Anthropology, question No. 8 was found fit to be cancelled. In some cases, despite question No. 8 being found fit to be cancelled, marks were awarded against question No. 8 and in some cases, no such marks were awarded.

7. Further allegation of Ku. Varsha Dongre is that Scheduled Caste candidates who had got selected on their own merits without taking benefit of reservation were wrongly adjusted in the Scheduled






































































































































































































































































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