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TMI Blog2013 (7) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 advertisement inviting applications for recruitment to 380 posts of Subedars, Platoon Commanders and Sub- Inspectors in the respondent-State was issued by the Police Headquarters, Chhattisgarh. For the said purpose, the Preliminary Examination was conducted on 24.12.2006 and the successful candidates thereat were called for the Main Examination held in two parts as Paper I and II on 04.02.2007 and 05.02.2007, respectively. After conducting physical examination and personal interviews, the final merit list of candidates was published on 08.04.2008, whereby ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , could have done the exercise of re-evaluating the answers after editing and reframing answers, and prepare the second select list for fresh recruitment of the candidates, cancelling the first select list? 7. The Division Bench has delved into merits of the matter at length and analyzed the arguments advanced by both the parties. The Division Bench has noticed the pattern of the Main Examination to include two separate papers: Paper I comprising of both objective and subjective type questions- 7 and 4 in number in Hindi and English languages, respectively and Paper II comprising of 150 objective-type questions of General Knowledge. Further that the Expert Committee constituted by the respondent-Board examined both Paper I and II and found irregularities only in respect of the eight incorrect objective questions of Paper II and model answers to another eight questions in model answers key of Paper II, pursuant to which the respondent-Board re-evaluated Paper II and only objective questions of Paper I on basis of fresh model answers key and in toto only sixteen questions and answers of Paper II were interfered with upon such re-evaluation. The eight incorrect questions were dele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , learned Senior Counsel would submit that the re-evaluation of answer scripts affected three genre of objective questions: firstly, the eight questions in Paper II which were found incorrect; secondly, the eight questions in Paper II answers to which were found to be incorrect in the model answers key and thirdly, the questions in Paper I to which no model answers were provided for prior to the appointment of the Expert Committee. He would submit that the first set of eight questions was deleted and marks were awarded on a pro-rata basis in accordance with Clause 14 of the Rules. The second set of eight questions were re- evaluated on the basis of corrected model answers key and the third set of questions in Paper I, all being objective type, were re- evaluated with the aid of model answers key prepared by the Expert Committee. He would submit that the decision of the respondent- Board to re-evaluate the answer scripts has not caused any prejudice to the appellants-herein but in fact identified and rectified the irregularities in the earlier evaluation of answer scripts of the candidates and therefore, such decision cannot be termed as arbitrary, vindictive and whimsical. 12. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luated on the basis of revised model answers key. In Paper I, only the objective type questions were re-evaluated with the aid of model answers key prepared and provided to the examiners for the first time after the inquiry by the respondent-Board. 15. The submission made by Shri Rao in respect of Clause 14 being an inclusive provision and thus providing ample room for inclusion of similar irregularities that may occur in conduct of competitive examinations fails to convince us. Clause 14 contemplates and enlists five specific instances wherein the question in the examination paper itself is wrong and thus could not possibly be evaluated to have any correct answer. It is in such circumstances that it provides for deletion of such incorrect questions and the consequent pro-rata distribution of the marks allocated to them. The said Rule is clear and only provides for the procedure in case of discrepancies in questions only. It does not leave any room for inclusion of the exigency such as errors in answers/model answers and therefore, the respondent-Board has rightly re-evaluated only eight incorrect questions as per Clause 14. 16. In respect of the respondent-Board s propriety ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intment qua the revised merit list. 19. Shri Rao would submit that the case of these appellants requires sympathetic consideration by this Court, since the appointment of appellants on the basis of a properly conducted competitive examination cannot be said to have been affected by any malpractice or other extraneous consideration or misrepresentation on their part. The ouster of 26 appellants from service after having successfully undergone training and serving the respondent-State for more than three years now would cause undue hardship to them and ruin their lives and careers. He would further submit that an irretrievable loss in terms of life and livelihood would be caused to eight appellants amongst them who have now become over aged and have also lost the opportunity to appear in the subsequent examinations. He would place reliance upon the decision of this Court in Rajesh Kumar and Ors. v. State of Bihar and Ors., 2013(3) SCALE 393 wherein this Court has directed the respondent-State to re-evaluate the answer scripts on the basis of correct model answers key and sympathetically considered the case of such candidates who, after having being appointed in terms of erroneous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of candidates and observed as follows: 28. Most of them were earlier teaching in Non-formal education centers, from where they had resigned to apply in response to the advertisement. They had left their previous employment in view of the fact that for their three year long teaching experiences, the interview process in the present selection was awarding them grace marks of 25 per cent. It had also given them a relaxation of 8 years with respect to their age. Now, if they lose their jobs as a result of High Court's order, they would be effectively unemployed as they cannot even revert to their earlier jobs in the Non-formal education centers, which have been abolished since then. This would severely affect the economic security of many families. Most of them are between the age group of 35-45 years, and the prospects for them of finding another job are rather dim. Some of them were in fact awaiting their salary rise at the time of quashing of their appointment by the High Court. Therefore, mindful of the aforesaid circumstances this Court directed non-ouster of the candidates appointed under the invalidated rule. 22. In Union of India (UOI) and Anr. v. Narendra Singh, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did not disturb the appointments on the ground that the incumbents had worked for several years and had gained experience and observed: We have extended equitable considerations to such selected candidates who have worked on the posts for a long period. (See: M.S. Mudhol (Dr.) and Anr. v. S.D. Halegkar and Ors., (1993) II LLJ 1159 SC and Tridip Kumar Dingal and Ors. v. State of West Bengal and Ors., (2009) 1 SCC 768) 25. Admittedly, in the instant case the error committed by the respondent-Board in the matter of evaluation of the answer scripts could not be attributed to the appellants as they have neither been found to have committed any fraud or misrepresentation in being appointed qua the first merit list nor has the preparation of the erroneous model answer key or the specious result contributed to them. Had the contrary been the case, it would have justified their ouster upon re-evaluation and deprived them of any sympathy from this Court irrespective of their length of service. 26. In our considered view, the appellants have successfully undergone training and are efficiently serving the respondent-State for more than three years and undoubtedly their terminatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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