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2017 Supreme(Jhk) 1561

IN THE HIGH COURT OF JHARKHAND AT RANCHI
D.N. PATEL, AMITAV K. GUPTA, JJ.
Rakesh Kumar - Appellant
Versus
The State of Jharkhand & Ors. - Respondents
LPA No. 518 of 2017
Decided On : 11-10-2017

Advocates Appeared:
For the Appellant : Dr. A.K. Singh and Ms. Kumari Shikha.
For the Respondents: Rajiv Anand, G.A.-IV and S. Narsaria, J.C. to G.A.-IV., Sanjay Piprawall.

Headnote:

JUDICIAL REVIEW - Examination Key Answers - [Advertisement No. 23/16, 6th Combined Civil Services Competitive Examination, Jharkhand] - [Article 226 of the Constitution of India] - The court dismissed the appeal challenging the model answers/key answers published by the Jharkhand State Public Service Commission for the preliminary examination. The court emphasized the care and transparency in the examination process, including the drafting of question papers, inviting objections and suggestions, and the deliberation by the Subject Expert Committee. The court held that interference with the model answers/key answers should be extremely slow and almost nil, especially when based on the report given by the Subject Expert Committee.

Fact of the Case:

The appellant challenged the model answers/key answers published by the Jharkhand State Public Service Commission for the preliminary examination of the 6th Combined Civil Services Competitive Examination, seeking to add 12 marks to their result.

Finding of the Court:

The court found that the Jharkhand State Public Service Commission had taken all necessary precautions and shown transparency in the examination process, including the drafting of question papers, inviting objections and suggestions, and the deliberation by the Subject Expert Committee. The court emphasized that interference with the model answers/key answers should be extremely slow and almost nil, especially when based on the report given by the Subject Expert Committee.

Issues: Challenging the model answers/key answers published by the Jharkhand State Public Service Commission for the preliminary examination of the 6th Combined Civil Services Competitive Examination.

Ratio Decidendi: The court held that interference with the model answers/key answers should be extremely slow and almost nil, especially when based on the report given by the Subject Expert Committee.

Final Decision: The court dismissed the appeal challenging the model answers/key answers published by the Jharkhand State Public Service Commission for the preliminary examination of the 6th Combined Civil Services Competitive Examination.

JUDGMENT :

D.N. PATEL, J.

1. This Letters Patent Appeal has been preferred by the original petitioner (appellant herein), whose writ petition bearing W.P(C) No. 1116 of 2017, was dismissed by the learned Single Judge vide judgment and order dated 19.09.2017 and hence, the original petitioner has preferred this Letters Patent Appeal.

2. Factual Matrix :

* The respondent-Jharkhand Public Service Commission has issued an advertisement for the 6th Combined Civil Services Competitive Examination in the month of October, 2016. This advertisement was for inviting application for the Class-II posts (civil services) in the State of Jharkhand.

* Preliminary Examination was conducted on 18.12.2016 in which there were two papers-General Studies-land General Studies-II, and each paper is having 100 questions, and marks are 200 for each paper. Thus, for General Studies-I and General Studies-II papers total marks are 400.

* Total vacancies published was 326 and 15 times more are the candidates to be selected from the result of the preliminary examination for allowing them to appear in the main examination, and thus, from the result of the preliminary examination, first 4890 candidates will be allowed to appear in the main examination (326 x 15 = 4890).

* The question papers are being set by the experts of the subject and normally 3 or 4 sets are being drafted by the experts, out of which one set will be selected and still there is several process for screening the questions etc., but, the facts remain that this preliminary examination is of the questions like multiple choice questions (popularly known as M.C. Qs).

* The key answers are being prepared by the paper setters and after the examination is conducted the said key answers are being published. In the facts of the present case, also the key answers/model answers were published in the 3rd week of December, 2016 (Annexure-3).

* These key answers/model answers are being published with laudable object that if there is any objection the same can be filed by the candidates either by registered post A/D or speed post or by hand delivery. The suggestions and objections are to be considered so that model answers may be finalized, as accurate as-possible.

* All the objections and suggestions are placed before the Subject Expert Committee (SEC).

* The said Expert Committee has carefully gone through the objections and suggestions received and in the facts of the present case, last date of giving objections and suggestions was 3rd January, 2017.

* These objections and suggestions were carefully considered by the Subject Expert Committee and they have given a report.

* This report was ordered to be presented by the learned Single Judge, in the writ petition during the pendency of the writ petition.

* On the basis of the report given by the Subject Expert Committee, revised model answers/key answers were published in the 2nd week of January, 2017 (Annexure-5).

* On the basis of the revised model answers/key answers, the result was published by the Jharkhand State Public Service Commission on 25.02.2017. Thereafter, some orders were passed by the learned Single judge and on 11.08.2017 again result was published for few candidates for whom the direction was given. The main examination is going to be commenced on 07.11.2017.

* This appellant was aggrieved by the model answers/key answers published by the Jharkhand State Public Service Commission, and hence, writ petition being W.P. (C) No. 1116 of 2017 was preferred objecting the key answers, especially for question Nos. 14, 64 and 94 of General Studies-I paper, and question Nos. 16, 21 and 92 of Code D of General Studies- II paper. As the writ petition has been dismissed by the learned Single Judge vide judgment and order dated 19.09.2017, the original petitioner has preferred the present Letters Patent Appeal.

3. The arguments canvassed by the counsel for the appellant (original petitioner) :

I. Counsel appearing for the appellant has submitted that there are total 06































































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