ORDER :

1. Petitioners have filed this petition seeking following relief (s) :-

“10.1 The Hon’ble Court may kindly be pleased to declare the answer of question No.32, 33, 38 & 40 of SET “ABCD” correct answer is **cky lkfgR;** instead of Vsyhfotu it and further direct the respondent CG Vyapam to allot the marks of the same to the petitioners.

10.2 The Hon’ble Court may kindly be pleased to delete the question No. 52, 40, 47 & 46 of SET “ABCD” it and further direct the respondent C.G. Vyapam to allot the marks of the same to the petitioners.

10.3 The Hon’ble Court my kindly be pleased to declare the answer of question No.87, 82, 80 & 81 of SET “ABCD” correct answer is “Evaluation instead of Procedure it and further direct the respondent CG Vyapam to allot the marks of the same to the petitioners.

10.4 Any other relief which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.”

2. Facts of the case in nutshell are that pursuant to the advertisement issued by respondent No.2 for Chhattisgarh Teachers Eligibility Test 2002 (TET 2022), petitioners submitted their application forms and appeared in the examination held on 18.09.2022. Respondent No.2 declared the result of TET 2022. Respondent No.2 has also uploaded the model answer and have called objections to the model answer. Some of the aspirants who participated in the examination have raised their objection which was considered by the Committee constituted in this regard. Petitioners could not secure the minimum marks required for passing the examination and thereafter have filed this petition seeking relief as mentioned above.

3. Learned counsel for petitioners would submit that respondent No.2 after holding examination, published model answer and uploaded in the website. In the Primary (Paper -I) of C.G. TET Examination 2022, question No.32, 52 and 87 of SET-A, 33, 40, & 82 of SET-B, 38, 47 & 80 of SET-C and 40, 46 & 81 of SET-D. Question No.32, 33, 38 & 40 of SET “ABCD”, Question No. 52, 40, 47 & 46 of SET “ABCD” and question No. 87, 82, 80 & 81 of SET “ABCD” were objected. Upon going through the model answer it revealed that answers taken by respondent No.2 with respect to aforementioned questions are wrongly taken. The action on the part of respondent No.2 is highly arbitrary. As per the book of Hindi Shikshan of Diploma in Elementary Education (D.El.Ed.) & Bhasha Hindi & Bhsha Shikshan of Pt. Sunder Lal Sharma and final answer of CTET Exam of December, 2019, some of the model answers as pointed out in the aforementioned para are not correct. Petitioners have raised objection before the respondent authorities but till date no action has been taken. Respondent-State while taking examination has a paramount duty to evolve a process which should be fair and apparent on the face of record for the candidates who are appearing in the examination. Hon’ble Supreme Court in one of the case has taken serious view and given finding in respect of the process evolved in adopting a proper and correct process of choosing the correct answer or to give correct and proper questions with appropriate answers. In support of his contention, he placed reliance upon the decision of Hon’ble Supreme Court in case of Sachit Kumar Singh & Ors. Vs. The State of Jharkhand & Ors, in Civil Appeal No. 2793-98 of 2023 decided on 28.04.2023. It is contended on behalf of petitioners that upon comparing the answers which petitioners have put to question papers issued to them with model answer, got surprised that respondent No.2 has published the wrong answers.

4. Learned counsel for respondent No.2 would submit that submission of learned counsel for petitioners that respondent No.2 has taken wrong answers is absolutely wrong. Respondent No.2 is a Board constituted by the Department of Higher Education, Technical Education, Manpower Planning, Science & Technology of the Government of Chhattisgarh with an object for conducting Pre-Entrance Examinations for Med