SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1986 Supreme(Guj) 58

Gujarat High Court
Judgename :B.K.MEHTA, B.S.KAPADIA
KAMLESH HARIBHAI GORADIA - Appellant
Versus
UNION OF INDIA - Respondent
L.P.A. 381 of 1985
Decided On : 04/14/1986

Advocates Appeared: AKSHAY H.MEHTA, H.CHANDRASHEKAR

Headnote:

Civil Services – Examination - Petitioner Commerce Graduate belonging to general category and was eligible to appear Civil Services Common Examination held Union Government for purposes recruitment to Indian Administrative allied Services - Competitive examination comprises two successive stages Civil Services Preliminary Examination candidates main examination and Civil Services Main Examination for of candidates various services and posts - Preliminary Examination consists papers of objective type two subjects namely General Studies and one to be selected from list of optional plan of examinations notified by Union Government which respectively - Cay candidates who are declared successful Preliminary Examination are required to appear Main Examination which consists of written examination as well as viva voce test - Held, Top level answer books of each additional Examiner are revalued Head Examiner who carries out such corrections or alterations awards as he in his judgment considers best to achieve uniformity - In case top level answer books revalued Head Examiner his awards are accepted as final - As regards other answer books below top level to achieve maximum measure of uniformity inter examiners awards are moderated as recommendations made Head Examiner and as accepted Commission - In case of petitioner three subjects in which marks have been scaled down it was as a result of actual re-assessment - Head Examiner and not as a result standard fixed Head Examiner as a result of his re-examination of top level answer books - In that state of affairs therefore it is not possible for appellant petitioner to claim that he has suffered as a result of the application of the rule of average evolved Head Examiner as a result of his actual revaluation of top level scripts - In that view matter therefore court do not think that there would be any justification for us to interfere ultimate conclusion reached Single Judge when he could not persuade himself to admit petition - Appeal dismissed

B. K. MEHTA, J.

( 1 ) THE original petitioner being aggrieved by the order of the learned Single Judge of 4/10/1985 dismissing his Special Civil Application praying for appropriate writs orders and directions to quash and set aside the moderation of his marks made by the Union Public Service Commission respondent No. 2 herein and to declare his result according to his original marks and for enjoining respondent No. 2 Commission to restore his original marks before the impugned moderation and consequently to modify the merit list accordingly and for enjoining the Union of India to allocate the petitioner to Indian Administrative Services and to grant him suitable State cadre in light of his appropriate ranking on the basis of his original marks. A few facts need be noticed in order to understand the grievance of the petitioner in this appeal.

( 2 ) THE petitioner is a Commerce Graduate belonging to general category and was eligible to appear at the Civil Services Common Examination held by the Union Government for the year 1984 for purposes of recruitment to Indian Administrative and allied Services. The competitive examination comprises two successive stages namely (1) Civil Services Preliminary Examination (Objective Type) for the selection of candidates for the main examination and (2) Civil Services Main Examination (Written and Interview) for the selection of candidates for the various services and posts. The Preliminary Examination consists of two papers of objective type (multiple choice questions) in the two subjects namely General Studies and one to be selected from the list of optional subjects set out in para 2 of the plan of examinations notified by the Union Government which carried 150 and 300 marks respectively. The marks obtained in this preliminary examination are not considered and counted for determining the final order of merit of successful candidates in the main examination. The candidates who are declared successful in the Preliminary Examination are required to appear at the Main Examination which consists of written examination as well as viva voce test. The written examination consists of eight papers namely two papers each for two optional subjects; two papers in General Studies; one paper in Compulsory English and one paper in Regional Language. The marks in the paper of Compulsory English and Regional Language are not counted for purposes of making in the examination. Each of the papers in optional subjects and in General Studies carried 300 marks thus totalling to 1800 marks in all. The viva voce test carried 250 marks. The marks obtained by a candidate in the Main Examination written as well as viva voce) would determine his final ranking and the successful candidates are allotted to various services having regard to their ranking in the examination and the preferences expressed by them for various services and posts. The candidates are permitted to opt for the purposes of answering question papers any one of the languages included in the with Schedule to the Constitution or English as they may select.

( 3 ) THE petitioner appeared at the Preliminary Examination held in 1984 and selected History as his optional subject with General Studies paper being common. subject. He was declared successful in the Preliminary Examination and held to be qualified to appear at the Main Examination. His roll no. at the Main Examination was 62416 at Ahmedabad Centre. The petitioner opted for Gujarati language as his medium for answering the question papers except for the paper of Compulsory English. His optional subjects at the Main Examination were History and Gujarati literature. He was accordingly required to appear in General Studies Paper I General Studies Paper II History Paper I History; Paper II Gujarati Literature Paper I Gujarati Paper II Compulsory English and the paper for Regional Language namely Gujarati. The main Examination was held in November/ December 1984 and the result thereof was declared some


















































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top