(14.07.2021)

Per : Prakash Shrivastava, J.

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 24.05.2021 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.

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3.

The advertisement dated 05.09.2020 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

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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 stage if the need arises for