Judicial review is justified in cases of demonstrable error in examination answer keys, ensuring fair evaluation and selection processes.

ORDER

Ms. Harvinder Kaur Oberoi, Member (J)

Learned counsel for the applicant submitted that the applicant joined as Assistant Section Officer in the Central Secretariat Service in the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice & Empowerment, Government of India, on 17.12.2012 through the Combined Graduate Level Examination, 2011, conducted by the Staff Selection Commission on direct recruitment.

2. As per the Central Secretariat Service Rules, 2009, there are two modes of promotion to the grade of Section Officer in the Central Secretariat Service, namely: fifty per cent of posts through Limited Departmental Competitive Examination conducted by the Union Public Service Commission, for which an Assistant Section Officer becomes eligible after completion of five years of approved service; and fifty per cent of posts through Seniority Quota, on completion of eight years of approved service, on the basis of seniority.

3. The applicant challenges his non-selection in the Limited Departmental Competitive Examination, 2017. It is, however, not in dispute that the applicant was subsequently promoted as Section Officer under the Seniority Quota on ad-hoc basis w.e.f. 28.12.2020 and thereafter as regular Section Officer w.e.f. 01.07.2022.

4. The Union Public Service Commission issued a notification dated 15.09.2021 for conduct of the Section Officer/Stenographers (Grade ‘B’/Grade-I) Limited Departmental Competitive Examination, 2016-17, the last date for submission of applications being 05.10.2021. Having completed more than five years of approved service, the applicant submitted his online application under Category I for the year 2017 in the Unreserved (General) Category on 01.10.2021.

5. The applicant was issued an admit card bearing Roll No. 0800513 for the said examination. The examination was conducted on 11.12.2021 and 12.12.2021, and the applicant appeared on both dates. The final result of the examination was declared by the Union Public Service Commission on 19.09.2022, wherein the cut-off marks in Category I for the Unreserved (General) Category for the year 2017 were 310.

6. The marks obtained by the applicant are as follows:

Component Marks Obtained Paper I 57.62 Paper II 87.71 Paper III 75.00 Evaluation of Record of Service 90.00 Total 310.33 Component Marks Obtained Reported in Result 310

7. Counsel states that that one of the answers attempted by the applicant has been wrongly evaluated. Question No. 112 reads as follows:

“Conservation, development, management and abatement of pollution of rivers, excluding Ganga and its tributaries, is the responsibility of: (a) Ministry of Jal Shakti, (b) Ministry of Earth Sciences, (c) Ministry of Environment, Forest and Climate Change, (d) Ministry of Science and Technology.”

8. The impugned Answer Key records the correct answer as option (c), Ministry of Environment, Forest and Climate Change.

9. By Notification dated 24.04.2020 issued by the Cabinet Secretariat, amending the Allocation of Business Rules, 1961, the subject matter of “Conservation, development, management and abatement of pollution of rivers, excluding Ganga and its tributaries” has been allocated to the Ministry of Jal Shakti. It is, therefore, evident that the correct answer is option (a), which the applicant has attempted.

10. Had the answer sheet been correctly evaluated, the negative marking given to the applicant would have been reversed and the positive marks for the said question added to the applicant’s total, thereby increasing his total marks to 311.99, which would have resulted in his selection.

The attention of this Tr