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Judgment
Heard on the question of admission. The petitioner had appeared in the preliminary examination which was held for recruitment to the post of higher judicial services. The petitioner secured 97 marks out of 150 marks in the preliminary examination whereas, the last candidate who has qualified for the main examination has secured 99 marks. It is the case of the petitioner that model answers to questions No. 16, 43 and 140 are not correct. The petitioner has given correct answers to aforesaid questions and, therefore, he is entitled to three marks. In the aforesaid factual background, the petitioner inter-alia has prayed for a direction to prepare a fresh mark sheet and to declare the petitioner qualified for main examination.
Learned counsel for the petitioner submitted that question No. 16 is not correctly framed which created a doubt in the mind of the petitioner, therefore, he did not attempt the same. In the model answer, options "A" and "B" have been shown to be correct answers to question No. 16. It was further submitted that options "B" and "D" to question No. 43 are correct and, therefore, the petitioner should have been awarded one mark as he has given option "B" as correct answer to question No. 43 whereas, in the model answer option "D" is provided as correct answer. It is also submitted that question No. 140 is vague and the correct answer to the aforesaid question is option "B" whereas the same is indicated as "C" in the model answer. On the other hand, learned senior counsel for the respondents has submitted that model answers to the aforesaid questions are correct and the petitioner has given wrong answers. It is further submitted that key answer should be assumed to be correct unless the same is shown to be palpably wrong.
We have considered the submissions made by learned counsel for the petitioner. Before proceeding further, it would be apposite to take note of questions No. 16, 43 and 140, which read as under:-
Q. 16. In MS-Word by the key F7 -
(A) Grammar of the document is checked
(B) Spelling of the document is checked
(C) Quick spell check of the document is done
(D) Formatting of the document is checked
Q.43 Where any party dies after conclusion and before pronoucement of judgment :
(A) The suit shall abet
(B) The suit shall not abet
(C) The suit shall not abet if cause of action survives
(D) It will be deemed that judgment has been pronounced before death of a party.
Q.140 ''A'' has been put into possession of suit house on 12.9.1967 through an unstamped and unregistered sale deed worth Rs.1800/-. In a suit for declaration of title, ''A'' wishes to prove his title and he also pays stamp duty and penalty. The sale deed is :
(A) Not at all admissible
(B) Admissible for all purposes
(C) Admissible for collateral purpose only
(D) Admissible for refund of money only.
In the case of Kanpur University and Others Vs. Samir Gupta and Others, , The Secretary, West Bengal Council of Higher Secondary Education Vs. Ayan Das and Others, and H.P. Public Service Commission Vs. Mukesh Thakur and Another, the Supreme Court has been held that key answer should be assumed to be correct unless it is proved to be wrong and it should not be held to be wrong by an inferential process of reasoning or by a process of rationalisation. It must be clearly demonstrated to be wrong. That is to say, it must be such as no reasonable body of men well versed in the particular subject would regard as correct. In Subhash Chandra Verma Vs. State of Bihar and others, 1995 Suppl. (1) SCC 325, it has been held that a question may have more than one correct answer and the candidate will have to select the one which is more correct out of the alternative answers. In H.P. Public Service Commission, supra it has been held that the Court cannot take upon itself the task of the statutory authorities.
Bearing in mind, the aforesaid well settled legal principles, we may now proceed to deal with the issue of correctness of the model answers. Question No. 43 pertains to death of a party after conclusion of hearing and before pronouncement of the judgment. The answer which is indicated in the model answer is option "D" i.e. it will be deemed that judgment has been pronounced before death of a party. If option "D" is read in the context of question No. 43, the same appears to be more precise answer and, therefore, cannot be termed as incorrect. Question No. 140 deals with question of admissibility of an unregistered sale deed. The model answer rightly indicates option "C" to be the correct answer as an unregistered document would be admissible in evidence for collateral purposes only. The answer which has been given by the petitioner i.e. option "B" is not correct, as an unregistered document is not admissible for all the purposes. Since the petitioner needs two marks to qualify for the main examination, therefore, we need not examine the issue of correctness of answer to question No. 16, as even if the petitioner is awarded one mark, still she would not qualify for the main examination.
We have carefully gone through the averments made in the writ petition. In the writ petition, the petitioner nowhere has asserted that key answers provided in the model answers are such which no reasonable body of men well-versed in particular subject would regard as correct. In view of preceding analysis, we do not find any merit in the writ petition. The same fails and is hereby dismissed.