2013 (7) TMI 1065 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the revised merit list and cancellation of appointments.
2. Propriety of re-evaluation of answer scripts by the respondent-Board.
3. Consideration of the appellants' continued service post-training.

Summary:

1. Validity of the Revised Merit List and Cancellation of Appointments:
The appeals challenge the High Court's dismissal of writ petitions and confirmation of the revised merit list by the Chhattisgarh Professional Examination Board (respondent-Board), which led to the cancellation of the appellants' appointments. The High Court upheld the revised merit list after selective re-evaluation of answer scripts due to defects in the Main Examination Papers.

2. Propriety of Re-evaluation of Answer Scripts by the Respondent-Board:
The respondent-Board re-evaluated the answer scripts after identifying defects in Paper II and incorrect model answers. The re-evaluation involved deleting eight incorrect questions and correcting model answers for another eight questions. The Division Bench found no irregularity or illegality in the re-evaluation process, concluding it was justified and did not cause prejudice to the candidates. The Supreme Court agreed, stating the respondent-Board's decision was valid and not arbitrary.

3. Consideration of the Appellants' Continued Service Post-Training:
The appellants, having completed training and served for over three years, sought sympathetic consideration. The Supreme Court acknowledged the undue hardship and career impact of ousting the appellants. Citing precedents, the Court directed the respondent-State to appoint the appellants at the bottom of the revised merit list, with suitable age relaxation for those who had become over-aged. The appointments were to be treated as fresh, without entitling the appellants to back wages, seniority, or other benefits from their earlier appointment.

The High Court's order was modified to this extent, and the appeals were disposed of with no order as to costs. The related Contempt Petition was dismissed as infructuous.