CHHATTISGARH HIGH COURT
Goutam Bhaduri, J.
SAURAV - APPELLANT
Versus
STATE OF CHHATTISGARH - RESPONDENT
Writ Petition (Civil) No. 2403 of 2019, 2428 of 2019, 2570 of 2019, 2646 of 2019, 2755 of 2019; Writ Petition (S) No. 4950 of 2019, 5407 of 2019, 5935 of 2019
Decided On : 15-11-2019
Civil Judge (Entry level) Examination 2019-on-line preliminary written examination-respondent Chhattisgarh Public Service Commission conducted the on-line written examination-petitioners contended that after publication of the amended model key answer, out of 100 questions, more than 30 questions were apparently found wrong as they contain certain defects of incorrect answers and wrong phraseology including spelling mistakes in questions and answers and there has also been variance between the English and Hindi versions of question & answers – Held, Considering the degree and percentage of defects in the question papers which according to this Court as much as 41 wrong questions/answers have been found out of 100, the percentage of it would certainly dilute the module of selection process and the Court cannot observe the silence. The Court after the examination cannot allow it as one horse-race but would accept the steep challenge with an idea of reform. Serving certain problems requires multi prolonged approach and reform and they will persist if we view through narrow lens and the carelessness will always have a price. Consequently the way in which the entire examination was conducted cannot be allowed to sustain – Writ petition allowed
JUDGMENT
Goutam Bhaduri, J. - The challenge made in this batch of petitions is to the result dated 02.07.2019 in respect of the on-line preliminary written examination conducted on 07th May, 2019 for the post Civil Judge (Entry Level) by the Chhattisgarh State Public Service Commission, Raipur.
2. The predominant common prayer made by the petitioners are to quash the result of written examination of Civil Judge (Entry Level) Exam.2019 and further again publish the correct model key question and answers and thereafter evaluate the answer sheets and accordingly allot the marks obtained by the petitioners. Since the facts and issues involved in all the petitions relate to the subject of law and questions/answers of the on-line written examination held on 07.05.2019, the petitions were heard together and are decided by this common order.
3. The facts of this case are that the respondent Chhattisgarh Public Service Commission conducted the on-line written examination on 07th May, 2019 for the post of Civil Judge (Entry level) Examination 2019. The advertisement was published in February, 2019 for conducting examination to the vacant sanctioned posts of Civil Judges. The written examination was held on 07.05.2019. Various prospecting candidates appeared in the examination and thereafter, the model key answers were published on 08.05.2019 along-with answers opted by the respective examinees. The memo was also published inviting objections by on-line. The on-line objections were received by the respondent/Chhattisgarh Public Service Commission with respect to the questions and answers too and it was placed before the Special Expert Committee for consideration and the final amended model key answer sheets were published on 22.06.2019. The publication made in subject also states that the model key answer sheets would be final and the evaluation and allotment of marks would be done on the basis of amended model key answers. The petitioners contended that after publication of the amended model key answer, out of 100 questions, more than 30 questions were apparently found wrong as they contain certain defects of incorrect answers and wrong phraseology including spelling mistakes in questions and answers and there has also been variance between the English and Hindi versions of question & answers. The petitioners contend that they had answered/ chosen correct answers and due to wrong deletion of some questions/answers, based on objections they received equal distribution of marks but individually correct answers were given. So those students deprived of full marks whereby their merit was brought down. It is stated that such incorrect evaluation resulted into wrong allotment of marks, consequently petitioners have prayed for quashing the entire result of written examination of Civil Judge (Entry Level) Examination 2019 and sought for consequential reliefs.
4. It is the case of the Chhattisgarh Public Service Commission that the petitioners without tallying and comparing the questions with the Set 'A' of PSC which was published have drawn a presumption that the model answers published on 22.06.2019 are incorrect. It is further stated that after the examination was conducted, the model answers were published on 08.05.2019 and after the objections having been received within the stipulated period, the same were decided. It is stated that few of the questions/answers were never objected except 3 questions which were numbered as 8, 38 & 40. It is stated that the said objections were dealt with and after assessment made by the 3 Experts Committee consisting of Senior Addl. District Judges, the objections were rejected by the Committee. It is further submitted that there were 100 questions in Civil Judge (Entry Level) Examination 2019 and the first model answer was issued on 08.05.2019 calling upon objections and approximately 157 candidates have raised objections with regard to 49 questions and answers. Thereafter, the Experts Committee was constit
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