CHHATTISGARH PROFESSIONAL EXAMINATION BOARD Vs. VIKRAM SINGH RANA

JUDGEMENT

(1.) Finalization of the writ petition, granting the relief sought for by the writ petitioners, directing a fresh Expert Committee to be constituted and examine the objections raised in respect of the questions pointed out by the writ petitioners and other candidates; that too on the very 'first day of posting' of the case for admission, without getting a chance to file a proper reply (except the reply in respect of the interim relief sought for) and demonstrate the facts and figures is put to challenge. The appeal has been preferred by the Chhattisgarh Professional Examination Board (hereinafter referred to as 'Board'), who conducted the examination for selection of Sub Engineer (Civil) for the different Requisitioning Departments / Authorities arrayed as Respondents No.6 to 11 in the appeal (Respondents No.2 to 7 in the writ petition).

(2.) The appeal is stated as belated by 135 days, which was sought to be condoned by filing I.A. No.01 of 2020 and as per separate order passed by this Court on 26.02.2020, we have condoned the same after considering the return filed by the Respondents No.1 & 2 and also after hearing both the sides. Despite the completion of service of notice in the appeal, the Respondents No.3 to 5 (Petitioners No.3 to 5 in the writ petition) have not turned up. We heard the learned counsel for the parties on both the sides on the merit involved.

(3.) The Appellant Board is stated as constituted by the Department of Higher Education, Technical Education, Manpower Planning, Science & Technology of the Government of Chhattisgarh vide Notification dated 30.07.2005 (published in the Official Gazette dated 19.08.2005) with the object and task for conducting examinations for identifying the suitable candidates in different fields. The various Requisitioning Departments / Authorities, who are arrayed as the Respondents herein, informed the requirement and vacancies for selection and appointment of Sub Engineers (Civil) to the Appellant Board. Altogether 122 vacancies were thus reported and based on the said requirement, the Appellant-Board proceeded with further steps to conduct the common examination for selection of Sub Engineers (Civil) Joint Requirement Examination, 2018 (CSE 2018) and issued Annexure-P/1 Notification dated 27.07.2018, inviting applications from qualified candidates. The said Examination was originally scheduled to be conducted on 09.09.2018, but it was subsequently postponed to 16.09.2018. The question papers of the said examination (set in different types including Type 'C' as borne by Annexure-A/2 involved herein) carried a total of 150 questions (of one mark each), with multiple choice answers. The candidates were required to identify the most appropriate answer from the given multiple answers. Any wrong answer was to result in 'minus marks' and the candidates were informed accordingly. After conducting the examination, 'Model Answers' were published as per Annexure-A/3 on 12.11.2018, inviting objections, if any. The Petitioners in the writ petition raised objections in respect of '07' questions (Questions No. 79, 83, 95, 104, 127, 128 and 137). After considering the objections raised by all the candidates and based on the opinion of the Expert Committee appointed in this regard, the choice answers of the questions No. 79, 83, 127, 128 and 137 were changed by the Board; by virtue of which the grievance of the Petitioners was stated as redressed in respect of the said '05' questions. But, objections raised in respect of questions No. 95 and 104 were over-ruled and at the same time, the Board deleted as many as '18' questions, based on the objections raised by others, distributing the marks in respect of such questions to the remaining questions by adopting the formula prescribed in this regard. On finalizing the process as above, Annexure-A/4 final answers were published on 30.05.2019. The Petitioners in the writ petition felt aggrieved because of the deletion of the questions as above and also in respect of the non-consideration of the objections with reference to questions No. 95 and 104 in a proper manner. Based on Annexure-A/4 final answers, the results were declared by the Appellant-Board on 09.07.2019, which made the writ Petitioners to approach this Court by filing writ petition, seeking to issue a writ of mandamus, directing 're-examination' or in the alternative, to appoint a High Level Technical Expert Committee for preparing the final answer-sheet.