Point of Law: Employment - Examination - Revaluation of answer sheet - Court in exercise of power of judicial review can direct the examining body to re-examine the answer key

JUDGMENT

1. Heard.

2. Learned counsel for the petitioner would submit that pursuant to an advertisement of 2018 for recruitment against 60 vacant posts of Stenographer, the examination was conducted. He would further submit that the petitioner in response to the advertisement filled up the application form, thereafter, the list of eligible and non-eligible candidates was uploaded in the website of the High Court of Chhattisgarh. Thereafter on 16.12.2018 as many as 373 eligible candidates appeared in the examination and after the examination the result was declared on 08.01.2019. Apart from the reserved category, the common merit list of 58 candidates, who secured minimum 50% marks in the skill test was declared, wherein 24 candidates were selected and 28 candidates were in the waiting list. The petitioner claimed his candidature for the unreserved category. He secured 67 marks; 36 in the written examination and 31 in the skill test and his name appeared at serial No.28 in the common merit list.

3. The counsel would further submit that though the advertisement was meant for 60 vacant posts but select list was issued only for 21 candidates. Since the petitioner was not happy with the marks given in the written test i.e. 36 out of 60, he sought his answer-sheet under the RTI. Petitioner's case is that question No.3 which carried 20 marks in total and each sub question carried two marks, thereby one who attempts one question and makes a simple sentence using one word then he would secure one full mark. The petitioner contends that he has attempted all the questions and framed the sentence as per question.

4. He would further submit that according to the answer-sheet received, the question No.3(i) the word “hear, here” were given to make the sentence. Wherein the petitioner from the word 'hear' made the sentence 'We Heard The Sound of Riot' and from the word 'here' he made the sentence 'Come Here With Me'. It is the grievance of the petitioner that for the sentence made from the word “hear” he was not given marks for the reason while making the sentence the tense was used. Then comes the question No.3 (v) wherein the word “right, write” were given to make the sentence. Wherein the petitioner from the word “right” framed the sentence “The Judge Gave The Right Order/Direction” and from the word “write” he had framed the sentence “He Is Writing An Essay”.

In this question also for the sentence made from the word “write” he was not given any mark. Thereafter for the question 3 (ix) the word ''wear, where'' were given to frame sentence. Wherein the petitioner for the word “wear” framed the sentence “She Is Wearing A Red Dress” and from “where” he framed the sentence “Where Are The Children”. In this question too he was not given any marks. Likewise in the question 3 (x) the words “ wait, weight” were given wherein the petitioner from the word “wait” framed the sentence “He is Waiting For You In the Lift” and from the word “weight” he framed the sentence “She has Lost 8 KG Weight In Two Months”. Wherein for the sentence made from the word “wait” the petitioner was not given any mark.

5. The petitioner contends that because of tense was used, the valuer of the examination wrongly evaluated the answer, whereas in respect of the similar likewise valuation of another candidate in respect of the sentence made from the word “Where” i.e. “Where is Your Car” one mark is given. Therefore, serious discrepancy appeared in respect of the valuation by the examiner. It is stated that the study of english homophones would show that the use of word forming the sentence would not render the sentence invalid and in these respect difference of opinion exists. It is therefore, contended that since the examination as aforesaid was not a skill test, the answers which were given by the candidate would be correct as it would lead to show that the petitioner had understood the meaning and answered correctly. The reliance is placed in the case of President, Board of Se