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2021 Supreme(All) 1478

IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, J.
Ragini Dwivedi And 8 Others – Appellants
Versus
State Of U.P. And 7 Others – Respondents
Writ A. No. - 2430 of 2021, Writ-A Nos.19059 of 2019, 12190 of 2020, 13852 of 2020, 1305 of 2021, 1892 of 2021, 1922 of 2021, 1947 of 2021, 2152 of 2021, 2216 of 2021, 2853 of 2021, 3048 of 2021, 3144 of 2021 and 8759 of 2021
Decided on : 21-09-2021

Advocates:
Advocate Appeared:
For the Appellant : Prabhakar Awasthi, Brijesh Kumar
For the Respondent: A.K.S. Parihar

Headnote:

Constitution of India, 1950 – Article 226 – Power of High court to issue writs - U.P. Secondary Education Service Selection Board – Writ petitions are at the instance of unsuccessful candidates who had applied for appointment to the post of Trained Graduate Teacher (Male) in Sanskrit against advertisement, issued by the U.P. Secondary Education Service Selection Board, Allahabad (hereinafter referred to as 'Board') - Whether any vacancy still remains or not - Whether or not the model answer key contains correct answers - Held, recruitment has concluded and selected candidates have apparently joined against the advertised vacancies. The selected candidates have otherwise not been noticed in the instant writ proceedings nor are they represented. Any interference in the matter, at this stage, may otherwise adversely effect the cause of dispensation of education in large number of institutions where the selected candidates may have joined by now and are working. In such view of the matter this Court is not inclined to arrogate to itself the role of expert in the subject so as to judge whether the opinion expressed by team of experts is correct or not. While taking such view, this Court is conscious of the caution sounded by the Supreme Court in such matters according to which judges cannot take on the role of experts in academic matters - It is otherwise settled that unless candidate demonstrates that the key answers are patently wrong, on the face of it, the Court ought not to enter into academic field by weighing the pros and cons of the arguments advanced by both sides and then come to the conclusion as to which of the answers is better or more correct. This caution gets clearly attracted in the facts of the present case inasmuch as opinion of experts is based on credible material and cannot be said to be absolutely without any basis. Which author is correct on the subject is not for the Court to determine, at the first instance. Unless the answers relied upon by the Board are found to be patently erroneous or without any basis the interference on part of the Court would clearly not be warranted - Writ petitions dismissed.

JUDGMENT :

1. This bunch of writ petitions are at the instance of unsuccessful candidates who had applied for appointment to the post of Trained Graduate Teacher (Male) in Sanskrit against advertisement no.01/2016, issued by the U.P. Secondary Education Service Selection Board, Allahabad (hereinafter referred to as 'Board'). They assert that their merit has not been correctly evaluated as answers relied upon by Board to some of the questions are wrong and consequentially the select list suffers from patent illegality. A prayer is also made to direct the Board to reassess or re-evaluate questions on the basis of correct answers.

2. It is contended that most of the petitioners have fallen short by one (1) or two (2) marks and since large number of vacancies are still available, therefore, the Board be directed to award them correct marks for the answers given by the petitioners in light of the materials placed before the Board and also this Court.

3. Respondent Board, on the other hand, has filed an affidavit in the leading writ petition annexing a chart as Annexure-1 to contend that model answers have been worked out on the basis of opinion of experts and, therefore, the award of marks to candidates in the examination suffers from no illegality.

4. Answers to fourteen (14) questions in the examination are disputed by the petitioners on the ground that they are wrong. To the extent of seven (7) out of these fourteen questions the Board has found substance in the challenge laid and those questions are deleted on the basis of expert opinion obtained and marks for these seven questions have been equally distributed to all candidates. Grievance, therefore, survives only in respect of seven questions.

5. At the outset, it would be worth noticing that written examination was conducted for the recruitment on 09.03.2019 and the first answer key was published on 26.03.2019. Objections were invited from the candidates between 27.03.2019 and 03.04.2019. After considering the objections raised a revised answer key was published on 25.10.2019. It appears that the corrected answer key published on 25.10.2019 was questioned in Writ Petition No.19059 of 2019, wherein a counter affidavit was invited from the Board. The Board appears to have called for a fresh opinion of experts in respect of the disputed questions and final answer key has been published on 12.02.2020, which is the basis of award of marks to the candidates.

6. Out of the seven (7) disputed questions it transpires that no objections were filed in respect of three of them, namely question nos.28, 73 and 80 of Booklet Series A despite opportunity given in that regard by the Board. Challenge to correctness of model answers in these three questions need not be entertained, directly in writ proceedings, when no such challenge was laid before the Board. The first of the remaining four disputed questions is question no.46 of the Booklet Series A. Option (D) was disclosed to be correct answer in the first answer key but after the candidates objected to it the Board declared the answer to be wrong and proposed to delete the question. However, without there being any fresh opportunity of objection to the candidates or any order of the Court the Board unilaterally proceeded to change the answer to this question as option (A). Question no.46 of the Booklet Series A corresponds to question nos.16, 105 and 73 of the Booklet Series B, C and D respectively, and is quoted below:

    46& fuEufyf[kr esa ls 'kq) okD; gS
    ¼,½ ^iq=% ekrja Lejfr
    ¼ch½ iq=% ek=a Lejfr
    ¼lh½ iq=% ekrkja Lejfr
    ¼Mh½ iq=% ekrq Lejfr


7. The next disputed question is question no.8 of Booklet Series A, corresponding to question nos.103, 67 and 35 of the Booklet Series B, C and D respectively. The Board consistently held option (B) to be the correct answer in all the model answers. Petitioners, however, submit that correct answer is option (C). Question no.8 of the Booklet Series A reads as under:

    8& ^*dksMU;ks gqrogkr~~ izHkokZrs nqX/ke~^* ;g











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