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Satish K. Agnihotri, J.—W.P. (S) Nos. 2663, 3608, 3630, 3977 & 2795 of 2012, involve the same question of law and common facts and, as such, they are being disposed of by this common order. By these petitions, the petitioners seek quashing of the select list prepared for recruitment on various posts, pursuant to the advertisement dated 20-9-2008 issued by the Chhattisgarh Public Service Commission (for short "the PSC").
According to the learned counsel appearing for the petitioners, there were several questions in General Studies (Set-A), Public Administration (Paper-I & II), General English & Hindi, Sociology (Paper-I & II), Law (Paper-I & II), etc. subjects, wherein the model answers published by the PSC, against the question papers, were not correct and also the objections raised by the students, as provided under the scheme were not taken into consideration. The result of the main examination was declared on 6-7-2012. Learned counsel would further submit that the candidates who had given wrong answers on the basis wrong model answers, were awarded marks and the petitioners as well as other similarly situated candidates who had given proper answers to the questions have not been granted proper marks. Thus, these petitions.
On the other hand, Dr. Shukla, learned senior counsel appearing with Ms. A. Sen Gupta & Shri B.D. Guru, Advocates for the PSC and Shri Thakur, learned Dy. Adv. General appearing for the State, would submit that all the answers were settled by the experts of the respective subjects. The objections raised by the petitioner and other similarly situated candidates were also placed before the experts, who had examined the same and the answers, which were found to be defective, the questions in respect of that have been deleted.
In respect of WP (S) No. 2663 of 2012:
General English & Hindi:
General Studies:
Sociology (Paper-I):
Sociology (Paper-II):
In respect of WP (S) No. 3608/2012:
Subject Code-26: Subject-General Studies-Set ''A'':
Subject Code-19: Subject-Public Administration (paper II)-Set ''C'':
Subject Code � 19 : Subject � Public Administration (paper I) � Set �C� :
In respect of WP (S) No. 3630/2012:
General English & Hindi:
In respect of WP (S) No. 3977 of 2012: According to the petitioner, it is equivalent to WP (S) No. 2663 of 2012.
In respect of WP (S) No. 2795 of 2012:
Law (Paper-I):
Law (Paper-II):
It is the well settled proposition of law that the finality should be given to the decision of the experts and the Court may not interfere with the correctness or otherwise of the answers, unless contrary is proved. The merit should not be sacrificed on the technicality of the fact that experts have examined the answers. Even if a reasonable person is of the opinion that the answers are, prima facie, incorrect, it would be proper that either those questions be deleted after reexamination or marks be awarded accordingly. (See: Guru Nanak Dev University v. Saumil Garg and Others (2005) 13 SCC 749).
After scrutinizing the result again, in the case on hand, the model answers on which marks are to be awarded by the valuers are, prima facie, incorrect. The petitioners have established their contention by placing reliance upon several authentic books. There is a merit in their contention that the answers given in model answers by the experts are not correct. Thus, the objections raised by the petitioners required to be referred again to the highly qualified experts in the respective subjects for reexamination of the same.
In view of the above, it is directed that the PSC will consider the representations of the petitioners in respect of incorrect answers and refer the same to the highly qualified experts in the respective subjects and after scrutinizing the same, the marks shall be awarded properly. Thereafter, if the petitioners are found successful, they shall be called for interview for further recruitment process. In the result, the writ petitions are allowed to the extent indicated above, leaving the parties to bear their own costs.