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2010 Supreme(P&H) 2825

PUNJAB & HARYANA HIGH COURT
Ajai Lamba, J.
Puneet Mehta
Versus
State Of Punjab
CWP No. 15892 of October 05, 2010,15920 of October 05, 2010,15998 of October 05, 2010,
Decided On : OCTOBER 5, 2010

The main legal point established in the judgment is that questions in an examination must have only one correct answer, and the Answer Key should be assumed to be correct unless proven otherwise. The accurate evaluation of candidates' knowledge and merit is crucial in the selection process.

Headnote:

Answer Key - Disqualification in Preliminary Examination - 2005 (13) Supreme Court Cases 749 - Economic justice, Doctrine of Estoppel, Hindu Marriage Act, 1955 - The court considered the correctness of the Answer Key for a preliminary examination and the interpretation of questions related to economic justice, doctrine of estoppel, and the Hindu Marriage Act, 1955. The court held that questions must have only one correct answer and that the Answer Key should be assumed to be correct unless proven otherwise. It directed the correction of certain answers in the Answer Key and the deletion of specific questions from the booklet series, followed by rechecking and re-evaluation of all papers.

Fact of the Case:

The petitioners sought to quash the action of the respondents in declaring them unqualified in the preliminary examination for Punjab Civil Services (Judicial Branch) 2010, citing incorrect answers in the Answer Key. The court considered the correctness of the Answer Key and specific questions related to economic justice, doctrine of estoppel, and the Hindu Marriage Act, 1955.

Finding of the Court:

The court found errors in the Answer Key and directed the correction of certain answers, deletion of specific questions, and rechecking and re-evaluation of all papers. It declined to entertain belated contentions regarding additional incorrect answers in the Answer Key, citing public interest and the scheduled main examination.

Issues: The issues involved the correctness of the Answer Key for the preliminary examination, the interpretation of questions related to economic justice, doctrine of estoppel, and the Hindu Marriage Act, 1955, and the impact of errors in the Answer Key on the evaluation of candidates' knowledge and merit.

Ratio Decidendi: The court held that questions must have only one correct answer and that the Answer Key should be assumed to be correct unless proven otherwise. It emphasized the importance of evaluating candidates' knowledge and merit accurately and directed the correction of specific answers, deletion of certain questions, and rechecking and re-evaluation of all papers.

Final Decision: The petitions were allowed in limited terms, with the court directing the correction of certain answers in the Answer Key, deletion of specific questions, and rechecking and re-evaluation of all papers. The court declined to entertain belated contentions regarding additional incorrect answers in the Answer Key, citing public interest and the scheduled main examination.

Judgment

Ajai Lamba, J.

1. This shall dispose of a bunch of petitions viz. Civil Writ Petition Nos.15892, 15920, 15998, 16052, 16424, 16425, 16573, 16699 and 17033 of 2010 as common questions of law and facts in the context of same selection are involved.

2. For reference to record, CWP No. 15892 of 2010, titled Puneet Mehta V. State of Punjab & others is being taken up.

3. This writ petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari, quashing action of respondent Nos.2 and 3 namely, Punjab and Haryana High Court, Chandigarh through its Registrar; and Punjab Public Service Commission through its Secretary, in declaring the petitioner unqualified in the preliminary examination taken for Punjab Civil Services (Judicial Branch) 2010, held on 8.8.2010.

4. Prayer further is for issuance of a writ in the nature of mandamus directing the respondents to revise the result of the petitioners after making amendments/corrections in the Answer Key provided for the question paper.

5. When the matter was taken up for hearing on 29.9.2010, the following order was passed:-

"This bunch of petitions has been filed claiming that the Answer Key provided for the questions is incorrect and, therefore, merit of the petitioners who took preliminary examination for Punjab Civil Services (Judicial Branch) examination, 2010 has been materially affected. In various petitions, various questions and their answers given in the Answer Key have been brought out to say that the Answer Key provides wrong answers. Learned counsel for the petitioners have cited 2005 (13) Supreme Court Cases 749, Guru Nanak Dev University V. Saumil Garg and others, para no.6 to contend that the questions must have only one correct answer within given 4 options. In the case in hand, either the questions have been wrongly formulated that allow more than one answer to be correct or the answer provided in the Key is wrong. In such circumstances, either the question must be disregarded and answer sheet be marked accordingly or benefit be given for two or more options given in the question paper. Para no. 6 of the judgment cited above reads as under:-

"Those who set the papers and those who finalise the key answers have to bear in mind that what is at stake is the career of the young students at the very threshold of their attempt to get entry into professional courses where there is cut-throat competition. The questions posed must have only one correct answer out of the four options given. Likewise, there is responsibility on those who finalise the key answers. If none of the answers is correct, it becomes their duty to say that none of the answers is correct, so that if any remedial action is to be taken, it should be taken before the answers are valuated. It is evidence that on both these aspects, there was serious lapse which resulted in litigation which is otherwise avoidable."

Mr. R.N. Raina, Advocate, appearing for the respondent-High Court contends that out of "Question Booklet Series A", various petitions allege wrong answers given in context of question nos. 12, 17, 21, 22, 74 and 115. The respondents have considered and concluded that the answer given in the Answer Key to question nos. 12 and 21 indeed are wrong and, therefore, in that context, the question papers need be rechecked/re-evaluated. Having considered the document filed by learned counsel for the High Court and justification given by him in context of the answers in the Answer Key, learned counsel for the petitioners concede that answers given in the Answer Key to question nos. 17 and 115 are acceptable as correct and, therefore, the objection in that regard is withdrawn by the petitioners.

Considering the above, the controversy is narrowed down to question no. 22 and 74. The said two questions are reproduced hereunder:-

22. Economic justice as one of the objectives of the Indian Constitution has been provided in the : Answer in Key d





















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