PURUSHOTTAM SINGH DHRUV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Petitioner has filed this petition under Article 226 of the Constitution of India feeling aggrieved by the improper procedure in respect of deleting question or not deleting the improper question or having the correct given options, for the written examination conducted for the post of Naib Tahsildar to be filled from Revenue Inspector/Patwari, which was held on 20/7/2014.

(2.) Brief facts of the case, as projected by the Petitioner, are that an advertisement No.F-2-61/Saat-2/2007, Raipur dtd. 4/3/2014 (Annexure P/1) was published for 57 posts of Naib Tahsildar in which 28 posts are to be filled from Revenue Inspectors and Patwari Cadre and 20 from Clerks Cadre. The date of written examination was fixed for 20/7/2014. The Petitioner has duly appeared in the written examination and thereafter the model answer were declared vide dtd. 31/7/2014 by the Respondent Controller, Chhattisgarh Professional Examination Board (in short Vyapam). The Petitioner has got Set-B (Annexure P/2) and in respect of question No.28, which is quoted below for ready reference:

(3.) The Petitioner has put/chosen the answer as Pandit Mukutdhar Pandey and in the model answer (Annexure P/3) also the Vyapam has mentioned the answer of question No.28 as "A". An objection- claim/ Dawa-Apatties were invited upto 6/8/2014. Since the Petitioner was not aggrieved by the answer of question No.28, has not moved any objection for the same. Thereafter, final answers of Set-B was issued vide dtd. 4/2/2015 (Annexure P/4), wherein the question No.28 has been deleted. According to the Petitioner, it is not the case that the said question is the disputed or incorrect one or may have two or more than two different answers and the answers have been given incorrect, as there is no quarrel that the first person who has got "Padmashree' is Pandit Mukutdhar Pandey, as he has got the same in year 1976. The same also proves from the official website of the Directorate of Culture and Archaeology, as the list has been published (Annexure P/5) showing the total names of the persons who have got 'Padmashree' having total names in which the name at serial No.7 Pandit Mukutdhar Pandey has been shown. Thereafter the results (Annexure P/6) were declared and the Petitioner got 118.862 marks and declared as 'not eligible'. Further, in respect of question No.50 of Set-B, which is reproduced herein below for ready reference: