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Paramjit Singh and Another vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 4 December 2013 · Citation: (2014) 2 SCT 137

HON’BLE JUDGES
Rakesh Kumar Jain, J
CASE NUMBER
CWP No. 24652 of 2013
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41 paragraphs · 821 words

Rakesh Kumar Jain, J.—The State Council of Education Research and Training, Punjab advertised the Punjab State Teachers Eligibility

Test-2012 [for short the PSTET-2012] on 17.4.2013 which was scheduled to be held on 9.6.2013. This test was comprised of two papers,

namely, Paper-I for the candidates, who intended to be teachers for Class-I to V and Paper-II for the candidates, who intend to be teachers for

Class-VI to VIII. Petitioner No. 1 is M.A. (Punjabi), B.Ed. and petitioner No. 2 is M.A. (Hindi), B.Ed. They submitted their online application for

appearing in Paper-II and opted Punjabi as medium of examination. It was provided in the question booklet that though there were two medium of

examination namely, English and Punjabi but in case of any dispute, the question of English is to be treated as final.

2.

The Paper-II was of 150 multiple choice questions with four answers out of which only one answer was correct and each correct answer

carried one mark. There was no negative marking for a wrongly answered question. The Structure and content of Paper-II was as under:--

The Structure and content of Paper-II was as under:--

3.

As per instructions, the candidates appearing in General category were to secure 60% or more marks to qualify the test.

4.

Both the petitioners appeared in the examination on 9.6.2013. The result was declared on 19.6.2013. Petitioner No. 1 obtained 87 marks and

petitioner No. 2 obtained 88 marks.

5.

The case set up by the petitioners is that there were mistakes in questions No. 10, 100 and 135 of the Question Booklet C pertaining to

petitioner No. 1 and questions No. 26, 94 and 137 of Question Booklet D pertaining to petitioner No. 2. It is submitted that question No. 10, 100

and 135 in Booklet No. C pertaining to petitioner No. 1 and question No. 26, 94 and 137 in Booklet No. D pertaining to petitioner No. 2 were

the same.

6.

Learned counsel for the petitioners has submitted that question No. 10 in Booklet No. C with their options in Punjabi, reads as under after

translation:--

Braille is used for purpose of reading. Which of the following senses is used for reading through Braille:--

a) Vision b) Smell c) Auditory d) Taste

Whereas in English it is reads as:

Braille is used for reading purpose. Which of the following senses is used for reading through Braille:--

a) Vision b) Smell c) Auditory d) Tactile

7.

According to the petitioners, they had opted option A Vision after reading Punjabi version whereas the correct answer is option D tactile, which

has been given in the English version and is not available in the Punjabi version. It is, thus, submitted that the petitioners have been mislead because

had the answer being tactile in Punjabi version also, the petitioners would have opted the said answer. Similar is the position with regard to the

other two questions.

8.

I have heard learned counsel for the petitioners and perused the record.

9.

It is not disputed that it is provided in the instructions No. 11 of the Question Booklet that in case of any dispute, the question in English will be

treated as final and the correct answer according to the petitioners themselves is option D which is there in the English version but still strange

enough, the petitioners have opted answer A Vision which in any case cannot be the answer of the question because the question was pertaining to

the blind students for whom the Braille system was developed for the purpose of reading and if the Braille system is pertaining to the blind persons

how the answer could be solely option A Vision which has been opted by the petitioners. Apparently, the petitioners are trying to take advantage

of the error in the framing of question in Punjabi language which is otherwise correctly provided in English language. It is needless to mention that

both the petitioners are M.A., B.Ed. and are expected at least to read the English version also before attempting the questions in case of any

confusion but here is a case in which there appears to be no confusion because for such a simple question about the method of writing for the

blinds the Braille system was developed and for that the answer cannot be option A Vision in any case.

Thus, the petitioners themselves were not knowing the correct answer of the question which they had attempted wrongly and are now trying to

take advantage of the error, if any, in formation of questions and answers in the Punjabi language which is otherwise correctly provided in the

English language and as per instruction No. 11 of the Question Booklet in case of any dispute, the question in English version is to prevail as final.

In view of the aforesaid discussion, I do not find any merit in the present writ petition and the same is hereby dismissed.