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2015 Supreme(Gau) 807

IN THE HIGH COURT OF GAUHATI
K. SREEDHAR RAO, T. VAIPHEI, JJ.
Jenithung Tungoe & Ors. – Petitioners
Versus
Nagaland Public Service Commission represented by the Secretary & Ors. - Respondents
Writ Appeal 370/2014
Decided On : 28-9-2015

Advocates:
Advocate Appeared:
For the appellants :Sri S. Dutta Sr. Advocate.
For the respondent 1, 2 and 3:Sri DK Mishra Sr. Advocate
For the State respondents: Smt. T. Khro, G.A.

Headnote:

Constitution of India,1950 - Posts of Extra Assistant Commissioner - Commission out of said three options has found that it is not practical to go in for second solution of conducting a fresh exam due to time factor - Third option discussed was also not found to be feasible since it was found that out of 200 questions in GS-I Paper about questions were virtually borrowed from TATA McGraw-Hill Series - Commission has found that job entrusted to a company for setting question paper has committed impropriety in substantially borrowing questions from one book - Candidates who attempted GS-I Paper is malafides and arbitrary – Held, Current events and latest developments are very elusive expressions to be given any precise definition - What should be cut-off date to determine whether it is latest development or not is very difficult to define - Any development that takes place in range of one to two years could be considered as current event and latest development - In fact examinations were held in year - Usually model question paper book published in current year would cover events of the previous year - So much so books on the current events of year would be published in next year’s publication - As for current events of normally there would be no publication of model question paper book in year - It is difficult to define with arithmetical precision as to what period could be considered as current even - Necessarily a student should have good general knowledge –Order Accordingly

JUDGMENT :

K. Sreedhar Rao.

The Nagaland Public Service Commissioner had held NCS, NPS, NSS and Allied Services Examinations 2014 for selection to the following posts:

1) 20(twenty) posts of Extra Assistant Commissioner[Class I Gazetted (Junior Grade)] under the Personnel and Administrative Reforms Department, Nagaland.

2) 3(three) posts of Deputy Superintendent of Police(Class I Gazetted) under the Home Department, Police Establishment Branch, Nagaland.

3) 2(two) posts of Youth Resources Officer(Class II Gazetted) under the Youth Resources and Sports Department, Nagaland.

4) 2(two) posts of Station Superintendent(Class II Gazetted) under the Nagaland State Transport Department, Nagaland.

5) 40(fourty) posts of Secretariat Assistant(Class III Non-gazetted) under the Personnel and Administrative Reforms Department, Nagaland.

6) 2(two) posts of Research Assistant(Class III Non-gazetted) under the Arts and Culture Department, Nagaland.(Reserved for Angami and Khiamniungan Tribe).

7) 1(one) post of Research Assistant(Class III Non-gazetted under the Administrative Training Institute, Nagaland.

8) 2(two) posts of Assistant Jailor(Class III Non-gazetted) under the Prison Department, Nagaland. (Only for Male Candidates).

2) The examination had three stages ~ Preliminary, Mains and Viva Voce. Out of the 13000 candidates appeared in the Preliminary, 502 were qualified for the Mains. However, 487 candidates appeared in the Mains. The Mains consisted of the following Papers.

(i) General English.

(ii) General Studies Paper-I(MCQ).

(iii) General Studies Paper-II(Descriptive).

3) The Mains was held spreading over a period of three days and concluded on 4.9.2014. About six days after the conclusion of the Mains, 19 candidates who appeared in the Mains had submitted their objections to the Commission vide annexure M, which reads as follows.

“Date: 09/09/14.

ANNEXURE-M.

To,

The Controller of Examination,

Nagaland Public Service Commission,

Nagaland, Kohima.

Sub: Prayer for rectification of NPSC Civil Service 2014(Main) Paper I(MCO).

Sir/Madam,

With utmost concern, we, the undersigned are deeply constrained to bring to your notice the following points for your kind perusal with regards to ‘NPSC Civil Service(Main) 2014, General Studies, Paper 1(MCQ).

1. The current affairs questions has been fully copy paste from the book TATA McGraw Hills General Studies Manual-2013. Current Events, page 99 to 103, wherein within five pages (100 Questions) of that single book, 50 marks questions has been copy paste. But the main issue here is that, the so called current affairs are no longer current because the events of 2011 & 2012 are no more current affairs of 2014 and rather part of General Knowledge(GK is not part of the syllabus).

2. Out of 200 questions, at least 120 questions are copy paste from the mentioned book question bank. In this regard the exam becomes heavily tilted in favour of some people (those who read the said book) only and the matter of level playing field stands compromised.

It becomes very unfair and unjustifiable because in such a situation, exam becomes more a matter of luck & less of hard work or intelligence. Speculation also becomes rift when in premiere exam like NPSC, there are some people who knows almost 100% of the answers. Last year the court has issued a stay order for Manipur Civil Service Prelims exam as the questions were fully cop paste from one single website. It is unfortunate that NPSC is making similar mistake.

We therefore, earnestly appeal to your office to rectify this grievous flaw by allotting equal marks in the current affairs section or re-conduct exam for Paper I(MCQ). Copy paste is one thing, but setting question out of context is everything. Also, do set questions in original in future without copy paste from any book or website so as to maintain the standard & quality of exam. NPSC has come a long way in gaining the confidence of the people & we believe that it would uphold & even enhance its credibility by all



















































































































































































































































































































































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