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2024 Supreme(Chh) 706

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SACHIN SINGH RAJPUT, J.
Vinod Kumar Bhaskar, S/o. Shri Hemlal & Ors. - Petitioners
Versus
State of Chhattisgarh, Through the Secretary, General Administration Department & Ors. - Respondents
WPS Nos. 2167, 2333, 2229, 2185, 2293 of 2024
Decided On : 30-09-2024

Advocates Appeared:
For the Petitioners: Shri Amrito Das, Shri Ishan Verma & Shri P. Aacharya.
For the Respondents: Smt. Shaileja Shukla, Dy. G.A., Shri Goutam Khetrapal.

IMPORTANT POINT
The court upheld the authority of the examination body, emphasizing minimal judicial intervention in academic matters unless clear errors are demonstrated.

Headnote:

(A) Chhattisgarh State Public Service Commission Procedure Rules, 2014 - Examination process - Petitioners challenged the amended answer key published by CGPSC, claiming it was erroneous and prejudicial to their eligibility for the mains examination - The court emphasized that the examination authority's decisions should not be interfered with unless there is clear evidence of a glaring irregularity. (Paras 10, 14, 18)

(B) Judicial intervention - Courts should be reluctant to substitute their views on academic matters, as these are best left to experts in the field - The court reiterated that the correctness of the answer key should be presumed unless proven otherwise. (Paras 15, 18)

Facts of the case:

The petitioners contested the CGPSC's amended answer key published on 11.03.2024, arguing it was incorrect and led to their disqualification from the mains examination. They provided various educational materials to support their claims.

Findings of Court:

The court held that the examination process must not be derailed based on objections without substantial evidence of error, emphasizing the expertise of the examination authority.

Issues: The main issues were the validity of the amended answer key and the legality of deleting certain questions from the examination.

Ratio Decidendi: The court ruled that the examination authority's decisions should be respected unless there is clear evidence of error, and judicial intervention should be minimal in academic matters.

Result: Writ petitions dismissed.

ORDER :

Sachin Singh Rajput, J.

As the issue sought to be addressed by this Court looks similar in character, all these Writ Petitions are being disposed of by a common order.

2. The facts necessary for disposal of these writ petitions, in brevity, having been gleaned from WPS 2167/2024 being atop, run thus :

    (i) On 29.11.2023 an advertisement (Annexure P-2) for holding an examination for appointment on various posts was published by the Chhattisgarh State Public Service Commission (“CGPSC” in short).

(ii) The petitioners appeared in the Preliminary Examination held on 11.02.2024 in two sessions (10 AM to 12 noon & 3:00 PM to 5:00 PM), in accordance with the CGPSC Procedure Rules, 2014 as well as the State Services Examination Rules. The question paper in the first session was of General Studies and that in the second session was of the Aptitude Test. Both these question papers are in four sets i.e. Set-A, Set-B, Set-C & Set-D.

(iii) After preliminary examination being over, on 16.02.2024 model answer was published by the CGPSC and objections from the examinees, if any, were invited.

3. Since meat of the matter is the correctness or otherswise of the answers to the disputed questions, case-wise graphic and figurative description thereof along with the answers given by the petitioners and the ones contained in the model answer of the CGPSC seems to be of utmost importance. It follows thus :

    WPS No. 2167/2024 - (Paper – 1 General Studies Set-B)

16. Consider the following statements and choose the right options given below :

(1) Earth’s surface re-emits heat in the form of Ultra-violet radiation.

(2) Clouds and gases reflect about one fourth of the incoming solar radiation.

(A) Only the statement (1) is correct

(B) Only the statement (2) is correct

(C) Both the statements (1) and (2) are in-correct

(D) Both the statements (1) and (2) are correct

According to the model answer published by the CGPSC, the correct answer to this question is “option B”.

92. Match an item in List – I with an item in List -II. Use the codes given below.

List - 1

List-II

(a)

Arar barar Bandhana chor,

Teen Mur chai Gorh.    (i) Dhenki

(i)

Dhenki

(b)

Argar upar Bargar, Bargar upar Dor.

Gai Bhains la chor ke, Kotha la lege chor.

(ii)

Gai aur Bachra

(c)

Arki tike tikai Peela

Parvat jake ladai hela

(iii)

Madhumakhi ka Chatta

(d)

Atpati cheri ke Fatfati kan

Aau cheri Khay kai gona Dhan

(iv)

Tangiya Kulhari

 

 

 

(a)

(b)

(c)

(d)

 

(A)

(i)

(iii)

(iv)

(ii)

(B)

(ii)

(iii)

(iv)

(i)

(C)

(ii)

(i)

(iii)

(iv)

(D)

(i)

(ii)

(iv)

(iii)

    According to the model answer published by the CGPSC, the correct answer to this question is “option B”.

WPS No. 2185/2024 - (Paper – 1 General Studies Set-C)

(a) Question No. 3: In this question it was asked as "Personal Disposable income(PDI) is ? the option were given for this question are as follows -:

a. PDI Personal income-Personal tax payments

b. PDI Personal Income-Personal tax payments.

c. PDI Personal Income-Non tax payment.

d. None of the above.

According to the model answer published by the CGPSC, the correct answer to this question is “option B”.

Question No. 38. "Consider the following statement and choose the right option given below ?

Statement 1- Earth Surface re-emits heat in form of ultra violation radiation.

Statement 2 Clouds and Gases reflect about one Fourth of the incoming Solar Radiation. options given for this question are as follows:-

a. Only the Statement 1 is correct

b. Only the Statement 2 is Correct.

c. Both Statement 1 and Statement 2 are in correct.

d. Both statement 1 and 2 are correct.

According to the model answer published by the CGPSC, the correct answer to this question is “option B”.

WPS No. 2229/2024 - (Paper – 1 General Studies Set-B)

16. Consider the following statement

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