In case of doubt, the benefit should go to the Examination Authority rather than to the candidates.

JUDGMENT :

(Pradeep Kumar Srivastava, J.)

1. This Letters Patent Appeal challenges the order dated 13.12.2018 passed by writ Court in W.P.(S) No.7363 of 2017 with W.P.(S) No.1423 of 2018, whereby and whereunder the prayer of appellants for cancelation of Combined Graduate Trained Teachers Competitive Examination held by Jharkhand Staff Selection Commission through Advertisement No.21/2016 and reschedule of the said examination within stipulated time frame has been rejected by the writ Court.

Factual Matrix

2. The facts and circumstances giving rise to this appeal are that Vide letter No.8280 dated 23.09.2016 and letter No.9441 dated 04.11.2016 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, requisition were sent to Jharkhand Staff Selection Commission (JSSC) for starting selection process for appointment on the post of Combined Graduate Trained Teachers in different subjects for district wise vacancy lying in the State of Jharkhand amongst others, for the post of Assistant Teacher (Physical Education).

In pursuance to the aforesaid letters issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Govt. of Jharkhand, the respondent Nos.1 & 2 published advertisement No.21/16 and online applications were invited. The syllabus was also described in the said advertisement.

3. The appellants are Graduate in different faculty like: Science, Commerce, Arts, Engineering and Physical Education etc. The appellants have submitted their online applications and online admit cards were also downloaded. The date of examination for physical education paper was scheduled to be held on 29.10.2017 and for compulsory paper (G.K. and Hindi Language) on 19.11.2017. The appellants appeared and participated in the said examination.

4. The process of recruitment involved single stage examination consisting of two papers i.e. Paper I-Compulsory Paper (G.K. and Hindi Language)-200 marks and Paper II-Optional Paper (Physical Education)-300 marks. Paper-I was qualifying in nature and securing minimum of 33 marks in the same was compulsory and paper-II (optional paper) consisted of 150 questions of 2 marks each and minimum qualifying marks was 50 % for the candidates belongs to General and OBC category and 45 % for the candidates belonging to Scheduled Caste and Scheduled Tribes. Paper II prescribed syllabus in three parts:

Part-A contains concept of Physical Education, Physiological Aspects of Physical Education, Physical Fitness and Wellness and Training Methods and Sociological Aspects of Physical Education;

Part-B History of the game/sports etc., latest general rules of the game/sports, measurement of play fields and specification of sports equipments and specifications of sports equipment; fundamental skills of the game/sports, related sports terminologies, important tournaments and venues, sports personalities, sports awards and

Part-C Health Education, Communicable Disease, Contemporary Health Problems, Healthful Living, Family Health Education and Prevention and First Aid for common sports injuries.

5. After conducting the examination, the JSSC uploaded the model answer key on its website and online objections/suggestions were also invited from the candidates from 02.11.2017 to 08.11.2017 and information to the aforesaid effect was also published in the Newspaper (Annexure-A). Thereafter, several candidates submitted their online objections/suggestions to the model answer before the JSSC.

6. The Jharkhand Staff Selection Commission after receipt of objections/suggestions from the candidates placed the same before experts for verification/corrections of the model answer in the light of the objections/suggestions of the candidates. After receiving the opinion of the experts about the model answer key subject wise in the light of the suggestions/objections of the candidates, the JSSC published the modified model answer key(Annexure-B) which is alleged to be binding to the JSSC.

7. The