IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, J.
Purushottam Singh Dhruv, S/o Ramratan Singh – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 910 of 2015
Decided on : 13-10-2023
Article 226 - Improper Procedure in Written Examination - [Constitution of India, Article 226] - The court dismissed the petition filed under Article 226 of the Constitution of India, which challenged the deletion of certain questions and model answers in a written examination for the post of Naib Tahsildar. The court held that the onus is on the candidate to demonstrate that the key answer is incorrect and that the constitutional courts must exercise great restraint in entertaining a plea challenging the correctness of the key answers. The court also emphasized the transparency of the examination process and the authority's discretion in deleting questions and correcting model answers.
Fact of the Case:
The Petitioner challenged the deletion of certain questions and model answers in a written examination for the post of Naib Tahsildar, claiming that the correct questions and answers were not deleted, which affected the Petitioner's eligibility.
Finding of the Court:
The court found that the Petitioner's objections were mainly related to the questions and model answers of the examination. The court emphasized the onus on the candidate to demonstrate the incorrectness of the key answers and the transparency of the examination process.
Issues: The main issue was the challenge to the deletion of questions and model answers in the written examination for the post of Naib Tahsildar.
Ratio Decidendi: The court emphasized the onus on the candidate to demonstrate the incorrectness of the key answers and the transparency of the examination process. The court also highlighted the authority's discretion in deleting questions and correcting model answers.
Final Decision: The court dismissed the petition, stating that it was without any merit and upheld the authority's discretion in deleting questions and correcting model answers.
JUDGMENT :
1. The Petitioner has filed this petition under Article 226 of the Constitution of India feeling aggrieved by the improper procedure in respect of deleting question or not deleting the improper question or having the correct given options, for the written examination conducted for the post of Naib Tahsildar to be filled from Revenue Inspector/Patwari, which was held on 20.07.2014.
2. Brief facts of the case, as projected by the Petitioner, are that an advertisement No.F-2-61/Saat-2/2007, Raipur Dated 04.03.2014 (Annexure P/1) was published for 57 posts of Naib Tahsildar in which 28 posts are to be filled from Revenue Inspectors & Patwari Cadre and 20 from Clerks Cadre. The date of written examination was fixed for 20.07.2014. The Petitioner has duly appeared in the written examination and thereafter the model answer were declared vide dated 31.07.2014 by the Respondent Controller, Chhattisgarh Professional Examination Board (in short Vyapam). The Petitioner has got Set-B (Annexure P/2) and in respect of question No.28, which is quoted below for ready reference:
(A) Pt. Mukutdhar Pandey
(B) Dr. Mahadev Prasad Pandey
(C) John Martin Nelson
(D) Habib Tanveer"
3. The Petitioner has put/chosen the answer as Pandit Mukutdhar Pandey and in the model answer (Annexure P/3) also the Vyapam has mentioned the answer of question No.28 as "A". An objection- claim/ Dawa-Apatties were invited upto 06.08.2014. Since the Petitioner was not aggrieved by the answer of question No.28, has not moved any objection for the same. Thereafter, final answers of Set-B was issued vide dated 04.02.2015 (Annexure P/4), wherein the question No.28 has been deleted. According to the Petitioner, it is not the case that the said question is the disputed or incorrect one or may have two or more than two different answers & the answers have been given incorrect, as there is no quarrel that the first person who has got "Padmashree' is Pandit Mukutdhar Pandey, as he has got the same in year 1976. The same also proves from the official website of the Directorate of Culture & Archaeology, as the list has been published (Annexure P/5) showing the total names of the persons who have got 'Padmashree' having total names in which the name at serial No.7 Pandit Mukutdhar Pandey has been shown. Thereafter the results (Annexure P/6) were declared and the Petitioner got 118.862 marks and declared as 'not eligible'. Further, in respect of question No.50 of Set-B, which is reproduced herein below for ready reference:
(A) Shekhar Dutt
(B) Ram Naresh Yadav
(C) E.S.L. Narsimhan
(D) None of the above"
4. The answer to the above question opted by the Petitioner is ‘A’ (Shekher Dutt), but in the model answer & the final answer, the Vyapam has given the answer of question No.50 as 'B' "Ram Naresh Yadava". According to the Petitioner, the said question should have been deleted for the reason that the question does not say that who is the present Governor of the State, but only asked who is the governor of the State and the answer (A), (B), (C) to question No.50 all are correct for the reason that the option (A) Shekher Dutt and option (C) E.S.L. Narsimhan both were the Governor of the State and had it been the question that who is the present governor of this State, then the answer should have been (B) the Ram Naresh Yadav', therefore, this question ought to have been deleted and general marking should have been done of this question. Thereafter, the Petitioner came to know that in respect of question No.68 of SET-B (General Knowledge) that, laLd`fr dk fo'ys"k.k gS%&^^, in which the Respondent Vyapam has given the options as (C) laLd`frd the relevant documents,", but as per the Petitioner and the correct answer is (D) lkWLd`frd. For this, the Petitioner has also submitted the representation-cum-objection (Annexure P/7) with the relevant document (Annexure P/8) s
Rajesh Kumar and Ors. Vs. State of Bihar and Ors. reported in (2013) 4 SCC 690
Ran Vijay Singh & Ors. Vs. State of Uttar Pradesh & Ors. reported in (2018) 2 SCC 357.
Uttar Pradesh Public Service Commission & Anr. Vs. Rahul Singh & Anr. reported in (2018) 7 SCC 254
Point of Law : Law that compassion sympathy or claim on basis of assessment cannot be permitted as entire examination process is derailed because some candidates are disappointed or dissatisfied or p....
The court upheld the authority of the examination body, emphasizing minimal judicial intervention in academic matters unless clear errors are demonstrated.
Judicial review should not interfere with expert decisions unless clear errors are identified; moral considerations are irrelevant.
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