The Court cannot interfere with expert opinion unless key answers are patently wrong, and there is no provision for re-evaluation.

JUDGMENT :

Manju Rani Chauhan, J.

1. Heard Mr. Abhay Kumar Singh, learned counsel for the petitioners, Mr. Gagan Mehta, learned counsel for respondent nos.2 & 3 and Mr. Shailendra Singh, learned Standing Counsel for the State-respondents.

2. The writ petition has been filed by the petitioners with the following prayer:-

“(i) Issue a writ order or direction in the nature of certiorari quashing the impugned result annexed as Annexure No.11 published on the 17.02.2022 by the Respondent no.2 Uttar Pradesh Higher Education Service Commission.

(ii) Issue a writ order or direction in the nature of mandamus commanding/directing the respondent no.2 to re-evaluate the answer sheet of the petitioners and declare a fresh result on the basis of reevaluation.

(iii Issue a appropriate writ order or direction to the respondent no.2 to consider the candidature of the petitioners for interview for post of Assistant Professor of Geography subject.”

3. In the present writ petition, counter and rejoinder affidavits have been exchanged between the parties, supplementary counter affidavit has been filed on behalf of respondent nos.2 & 3 is also taken on record. Both the parties agree that this petition be disposed of at this stage, without calling for any further affidavit.

4. Brief facts of the case are that the respondent-Commission published an advertisement for filling the vacancies of Assistant Professor in various subjects. The petitioners being eligible applied for the post of Assistant Professor in Geography subject. The petitioners appeared in written examination scheduled on 30.10.2021 and attempted the questions to the best of their ability and knowledge. After the examination, the answer key inviting objections from the candidates in case of any wrong answer in the answer key was published by the respondent-Commission. The question papers were in four sets i.e. A, B, C, D and the petitioners were given ‘D’ Series of the booklet. The petitioners found that some of the answers given in the answer key published by respondent- Commission were wrong, therefore, they raised their objections separately with respect to questions at serial no. 2, 3, 14, 29, 34, 55, 56, 65, 66 and 79. Without considering the objections as raised by the petitioners, the final result was published by only correcting question no. 14 of ‘D’ series of the booklet, as suggested by the petitioners. Apart from the aforesaid, the Commission has also deleted one question i.e. question no.36 and corrected one question i.e. question no.43 of the ‘D’ series of the booklet. The revised and final result of the written paper of Assistant Professor (Geography) were declared on 11.02.2022 without correcting the answers as raised in the objections by the petitioners. The answers of 10 questions as stated above were said to be incorrect relying upon certain books as placed by the petitioners but respondent-Commission neither corrected the questions which was wrongly answered by the Commission in the answer key, as objected by the petitioners nor communicated the reason behind non consideration of rest 8 questions as suggested by the petitioners.

5. The petitioners found that question no. 29 of ‘D’ series of the booklet had two correct answers but the objection with respect to the same could not be raised prior to declaration of the result.

6. The questions which still need to be corrected as per the objections raised by the petitioners are as follows:-

Question No.3.

Which of the following is in pre-active stage of teaching?

(A) Evaluating (B) Diagnosis

(C) Sequencing (D) Remediating

As per the answer key, the correct answer is (C) whereas as per the books of UPKAR Prakashan and another book of Drishti for UGC NET JRF, available with the petitioner shows that both (B) and (C) answers are correct.

Question No.29

Reflecting teaching is:

(A) Problem Centered (B) Practice Centered

(C) Making Association (D) Reproduction of thought

As per the answer key, the correct answer is (A) whereas as per the books o