2021 Supreme(Online)(MP) 4972
HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT
JABALPUR
Case No.
Parties Name
WRIT PETITION NO.10070/2021
ANKIT TIWARI AND OTHERS
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.10186/2021
RAJESHWAR PAL
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.10221/2021
ANKIT SONI AND OTHERS
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.10232/2021
ANANT KHANDELWAL
vs.
HIGH COURT OF MADHYA PRADESH
WRIT PETITION NO.10445/2021
NIKHAT JAMAL
vs.
THE STATE OF MADHYA PRADESH & OTHERS
WRIT PETITION NO.10916/2021
ISHAN PHOGAT
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.10971/2021
PRAVESH KUMAR GUPTA AND OTHERS
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.11048/2021
AMAN PARASHAR AND OTHERS
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
W.P.10070 OF 2021 & CONNECTED MATTERS
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WRIT PETITION NO.11049/2021
DEVASHISH JOSHI
vs.
HIGH COURT OF MADHYA PRADESH
WRIT PETITION NO.11155/2021
ISHAN TIWARI
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.11196/2021
DEVASHISH PANDEY
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.11197/2021
KITABULLAH
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.11266/2021
AYUSHMAN GUPTA
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.11272/2021
KAUTILYA TRIPATHI AND ANOTHER
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.11391/2021
DIVYA SHRIVASTAVA
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.11415/2021
DIVYANSH THAKUR
vs.
HIGH COURT OF MADHYA PRADESH &
ANOTHER
WRIT PETITION NO.11650/2021
AMAN MEHTA
vs.
THE STATE OF MADHYA PRADESH & OTHERS
Date of Order
14/07/21
W.P.10070 OF 2021 & CONNECTED MATTERS
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Bench Constituted
Division Bench :
Justice Prakash Shrivastava
Justice Vishal Dhagat
Order passed by
Justice Prakash Shrivastava
Whether approved for reporting Yes
Name of counsels for parties
Shri Ayushman Gupta, Shri Ashok Kumar
Chourasia, Shri Deepak Tiwari, Shri Vikas
Rathi, Shri K.S. Jha, Shri Gaurav Mishra,
Shri Aayush Pandey, Shri Raghvendra Singh
Raghuvanshi, Ms. Aditi Sharma, Shri Ajeet
Kumar Rawat, Shri Somit Raizada, Shri
Shashikant, Shri Prashant Manchanda, Shri
Mohit Saroha, Shri Vishal Ishkari, Ms.
Varsha Parashar, Ms. Varsha Sharma, Shri
Shivam Hazari, Ms. R. Radha, Shri B.D.
Singh and Shri Rohan Harne, learned
counsel for the petitioners in the respective
petitions.
Shri Aditya Adhikari, learned Senior counsel
with Shri Anshuman Singh, learned counsel
for the respondent/High Court of M.P.
Law laid down
(i) Publication of key answers along
with the result of the test is desirable in
the interest of fairness and that
correctness of key answers should be
ascertained from the standard and
prescribed text books and not merely on
the basis of inferences.
(ii)
In a competitive examination
candidates cannot be made to suffer on
account of the errors committed by the
examining body and to avoid any such
gross injustice, re-evaluation can be
directed.
(iii) Such re-evaluation and revision on
the ground of incorrect model answer key
should not be limited only to those
candidates who had approached the court
but should be extended to all candidates
because the fault did not lie with the
candidate but with the examining body.
(iv) If for any justifiable reason some
questions are deleted and marks are re-
W.P.10070 OF 2021 & CONNECTED MATTERS
4
distributed uniformly giving benefit to all
the candidates, then the same cannot be
said to be arbitrary or irrational.
(v) Even if the rules do not permit re-
evaluation, the court may permit the same
only if it is 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.
Significant paragraph numbers
7, 8, 9, 10, 11 & 12
Shivam Hazari,Advocate General
(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