IN THE HIGH COURT OF MADHYA PRADESH
Prakash Shrivastava and Vishal Dhagat,JJ.
Ankit Tiwari & Others v. High Court of Madhya Pradesh
& Another
Writ Petitions No. 10070 of 2021, 10186 of 2021, 10221 of 2021, 10232 of 2021, 10445 of 2021, 10916 of 2021, 10971 of 2021, 11048 of 2021, 11049 of 2021, 11155 of 2021, 11196 of 2021, 11197 of 2021, 11266 of 2021, 11272 of 2021, 11391 of 2021, 11415 of 2021 and 11650 of 2021(Jabalpur);
Decided on 14.7.2021
(1) Constitution of India -- Art. 226 -- scope -- judicial review in respect of correctness of answer key and re-evaluation in recruitment process -- publication of key answers along with result of test -- desirable in interest of fairness -- correctness of key answers should be ascertained from standard and prescribed text books, not merely on basis of inferences -- in competitive examination, candidates cannot be made to suffer on account of errors committed by examining body --- re-evaluation can be directed to avoid such gross injustice -- re-evaluation and revision on ground of incorrect model answer key should not be limited only to candidates who approached Court -- should be extended to all candidates -- deleting some questions for justifiable reason and re-distributing marks uniformly giving benefit to all candidates cannot be said to be arbitrary or irrational -- even if rules do not permit re-evaluation, Court may permit same only if demonstrated very clearly without any inferential process of reasoning or by process of rationalization, in rare or exceptional cases when material error has been committed. (1983) 4 SCC 309, (2005) 13 SCC 744, (2018) 8 SCC 81, (2018) 2 SCC 357 and (2013) 4 SCC 690 followed. [Para 12]
(2) Judicial Service -- selection process -- complete transparency and fairness to be observed in examination process -- even one incorrect model answer will change list of selected candidates resulting into inclusion or exclusion of meritorious candidates. [Para 18]
(3) Civil Service -- selection process -- Civil Judges Class-2 (Entry Level - Direct Recruitment) online preliminary examination -- model key answers not correct -- Committee appointed to examine disputed model key answers -- writ petitions to be treated as representations -- to be placed before Committee -- directions issued. Civil Appeal No. 4795 of 2012 decided on 28.5.2012 (SC) followed. 2019 SCC Online Raj. 2000 relied on. [Paras 18 & 22]
¼1½ Hkkjr dk lafo/kku & vuqPNsn 226 & O;kfIr & HkrhZ ÁfØ;k esa mÙkj dqath dh 'kq)rk vkSj iquewZY;kadu ds laca/k esa U;kf;d iqufoZyksdu & ijh{kk ifj.kke ds lkFk gh mÙkj dqath dk Ádk'ku & fu"i{krk ds fgr esa okaNuh; & mÙkj dqath dh 'kq)rk ekud vkSj fofgr ikB~; iqLrdksa ls vfHkfuf'pr dh tkuk pkfg,] ek= vuqekuksa ds vk/kkj ij ugha & Áfr;ksxh ijh{kk esa] ijh{kk fudk; }kjk dh xbZ xyfr;ksa ds dkj.k vH;fFkZ;ksa dks Hkksxus ij foo'k ugha fd;k tk ldrk & ,sls ?kksj vU;k; ls cpus ds fy, iquewZY;kadu funsf'kr fd;k tk ldrk gS & v'kq) vkn'kZ mÙkj dqath ds vk/kkj ij iquewZY;kadu vkSj iqujh{k.k U;k;ky; esa vkus okys vH;fFkZ;ksa rd gh lhfer ugha gksuk pkfg, & lHkh vH;fFkZ;ksa dks Qk;nk fn;k tkuk pkfg, & U;k;ksfpr dkj.k ls dqN Á'uksa dks foyksfir djuk vkSj lHkh vH;fFkZ;ksa dks Qk;nk nsrs gq, vad cjkcjh ls iqufoZrfjr djuk euekuk ;k rdZ 'kwU; ugha dgk tk ldrk & fu;eksa esa iquewZY;kadu vuqKkr ugha gks rc Hkh U;k;ky; mldh vuqKk fojys ;k vkiokfnd ekeyksa esa dsoy rc ns ldrk gS tc rdZ&fordZ dh fdlh vkuqekfud ÁfØ;k ;k ;qfDrlaxfrdj.k dh ÁfØ;k ds fcuk cgqr Li"Vr% Ánf'kZr fd;k tk, fd rkfRod xyrh dh xbZ gSA ¼1983½ 4 ,l lh lh 309] ¼2005½ 13 ,l lh lh 744] ¼2018½ 8 ,l lh lh 81] ¼2018½ 2 ,l lh lh 357 rFkk ¼2013½ 4 ,l lh lh 690 vuqlfjrA ¼iSjk 12½
¼2½ U;kf;d lsok & p;u ÁfØ;k & ijh{kk ÁfØ;k esa iw.kZ ikjnf'kZrk vkSj fu"i{krk dk ikyu vko';d & ek= ,d v'kq) vkn'kZ mÙkj ls p;fur vH;fFkZ;ksa dh lwph ifjofrZr gks tk,xh] ifj.kkeLo:i es/kkoh vH;FkhZ lfEefyr ;k vioftZr gks tk,axsA ¼iSjk 18½
¼3½ flfoy lsok & p;u ÁfØ;k & flfoy U;k;k/kh'k oxZ&2 ¼Áos'k Lrj&lh/kh HkrhZ½ vkWuykbu ÁkjafHkd ijh{kk & vkn'kZ dqath ds mÙkj 'kq) ugha & vkns'k dqath ds fookfnr mÙkjksa dh tkap&iM+rky ds fy, lfefr fu;qDr & fjV ;kfpdkvksa dks vH;kosnu ekuk tk,x & lfefr ds le{k j[kk tk, & funs'k tkjhA flfoy vihy Øekad 4795 lu~ 2012 fu.khZr fnukad 28-5-2012 ¼mPpre U;k;ky;½ vuqlfjrA 2019 ,l lh lh vkWuykbu jktLFkku 2000 voyafcrA ¼iSjk 18 ,oa 22½
ORDER
Shrivastava, J.-- 1. This order will govern the disposal of W.P. Nos.10070/2021, 10186/2021, 10221/2021, 10232/2021, 10445/2021, 10916/2021, 10971/2021, 11048/2021, 11049/2021, 11155/2021, 11196/2021, 11197/2021, 11266/2021, 11272/2021, 11391/2021, 11415/2021 and 11650/2021 as it is jointly submitted by counsel for all the parties that these petitions involve same issue on identical fact situation.
2. For convenience facts are noted from W.P. No.10070/2021. In this petition as many as 68 petitioners have challenged the list of selected candidates dated 24.5.2021 declared for the purpose of appearing in the main written examination. They have also prayed for a direction to recompute the marks afresh based on the corrections/amendments/restoration of wrongly deleted questions, in the test for Civil Judges Class-2 (Entry Level – Direct Recruitment) online preliminary examination.
3. The advertisement dated 5.9.2020 was issued by the respondent- High Court inviting applications to fill up the post of Civil Judges Class-2 (Entry Level – Direct Recruitment). The advertisement was to fill up 252 posts which include 60 backlog posts from previous year. As per the scheme disclosed in Part-B of the advertisement, the examination is to be held in three phases, firstly, online preliminary examination; secondly, main examination; and finally, interview. The preliminary examination was conducted for the purpose of screening the candidates for main examination. The marks obtained in the preliminary examination are not to be added in the final examination. The syllabus of the preliminary examination was disclosed and total marks assigned in the preliminary examination was 150. As per the scheme, the examination was objective type and each objective question had four options. There was no negative marking. For the purpose of convenience of the candidates, a mock test was also made available in the website. The candidate was expected to select the best possible option out of the four options. The procedure for the purpose of valuation and result of online preliminary examination was also disclosed in the advertisement by mentioning that after the preliminary examination the proposed model answers was to be made available in the M.P. High Court website www.mphc.gov.in. The candidates had the opportunity to give their option/suggestion, if any, in respect of the proposed model answer within seven days from the date of publication of model answer in the website. The objection/suggestion could be given in writing under his own signature by post or through e-mail to the Principal Registrar (Exams) along with all the material relating to the source/document on which the objections/suggestions were based. No objection/suggestion was acceptable after seven days. It was also made clear that if no objection was received in respect of model answer key then it would be treated to be final. The valuation of the online preliminary examination was computer based and as per advertisement maximum 10 times (which could be less also) candidates category-wise were to be declared qualified/eligible to appear in the main examination with the further condition that the candidates obtaining equal marks will be permitted even if for this reason the number of eligible candidates may be slightly more than 10 times. The minimum marks prescribed for general category and OBC candidates was 90 and for reserved (scheduled tribe and scheduled caste) candidates as 82. The result of the online examination was to be declared by uploading it in the High Court website. The applications along with the self-attested documents were to be called for the main examination from the candidates who qualify the preliminary examination. The main examination is a written examination. The advertisement also makes it clear that after the commencement of the recruitment process at any st
Point of Law : if a statute, Rule or Regulation governing an examination does not permit re-evaluation or scrutiny of an answer sheet (as distinct from prohibiting it) then the Court may permit re-ev....
Point of Law : Practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in relevant rules for re-evaluation and tha....
The court upheld the authority of the examination body, emphasizing minimal judicial intervention in academic matters unless clear errors are demonstrated.
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