H.L.DATTU, JAGDISH SINGH KHEHAR
Vikas Pratap Singh – Appellant
Versus
State of Chhattisgarh – Respondent
Certainly. Based on the provided legal document, here are the key points:
The case involves a dispute over the re-evaluation of answer scripts and the cancellation of appointments of certain candidates who appeared for recruitment examinations for posts in the respondent State of Chhattisgarh (!) (!) .
The initial merit list was drawn after the main examination, and appointments were issued to the selected candidates, including the appellants (!) (!) .
Subsequently, complaints about defects in some examination questions prompted the respondent-Board to form an expert committee, which identified errors in certain questions and model answers (!) (!) .
The respondent-Board re-evaluated answer scripts based on corrected questions and revised model answers, resulting in the cancellation of the original merit list and the issuance of a revised list that excluded the appellants (!) (!) .
The appellants challenged the validity of the re-evaluation process and the revised merit list through writ petitions, which were dismissed by the High Court, affirming the validity of the re-evaluation and the cancellation of their appointments (!) (!) (!) .
The Court examined whether the respondent-Board had the authority to re-evaluate answer scripts after the initial appointment, especially in the absence of specific statutory provisions for such re-evaluation based on errors in model answers or questions (!) (!) .
It was clarified that the rules explicitly provide procedures for handling defective questions but do not extend to errors in model answers or evaluation criteria, and re-evaluation was justified only for questions found to be inherently defective (!) (!) .
The Court emphasized that the respondent-Board, as an independent body, has the authority to ensure fair and accurate evaluation, including re-evaluation in case irregularities are discovered, provided it is done within the scope of applicable rules (!) (!) .
The Court concluded that the re-evaluation process was carried out properly and did not cause prejudice to the appellants, who had neither been involved in any misconduct nor had their rights violated in a manner that would warrant setting aside the revised merit list (!) .
The appellants, having undergone training and served for over three years, should not be ousted from service based solely on the cancellation of their initial appointments, especially considering their reliance on the original appointment and the potential hardship caused (!) (!) .
The Court directed that the appellants be appointed anew in the revised merit list, placed at the bottom, with suitable age relaxations for those who have crossed the statutory age limit, and clarified that this would constitute a fresh appointment without entitling them to back wages or seniority (!) .
The order of the High Court was modified accordingly, and the appeals were disposed of, with no costs awarded (!) .
The contempt petition was dismissed as infructuous due to the implementation of the Court's order (!) .
These points encapsulate the core legal and factual aspects of the case as presented in the document.
ORDER
Civil Appeal Nos.5318-5319 of 2013 (@ S.L.P. (C) Nos. 26341-26342 of 2011) with Civil Appeal No.5320 of 2013 (@S.L.P. (C) No. 26349 of 2011)
H.L. Dattu, J.
1. Leave granted in all the Special Leave Petitions.
2. These batch of appeals are directed against the common judgment and order passed by the High Court of Chhattisgarh in Writ Petition Nos. 3087, 3204 and 4229 of 2009, dated 06.09.2011, whereby and whereunder the High Court has dismissed the Writ Petitions filed by the appellants herein and confirmed the revised merit list drawn after the selective re-evaluation of the answer scripts of all the candidates who had appeared in the Main Examination for the posts of Subedars, Platoon Commanders and Sub-Inspectors in the respondent-State of Chhattisgarh.
3. The appellants before us (in SLP (C) Nos. 26341-26342 of 2011 and 26349 of 2011) are the 26 candidates aggrieved by the cancellation of the first merit list and the redrawal of the second revised merit list by the Chhattisgarh Professional Examination Board (for short “respondent-Board”), whereby their appointments to the aforesaid posts have been cancelled.
4. The facts in a nutshell are as under:
On 18.09.2006, an advertiseme
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