ALOK KUMAR JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has preferred the present writ petition under Article 226 of the Constitution of India praying for the following reliefs:-

(2.) Brief facts of the case are that an advertisement was issued by the respondent No.2 on 28/12/2011 for the post of Deputy Collector. The petitioner applied for the same and successfully cleared Pre and Mains Examinations, but the objections were raised by the petitioner and other candidates regarding Set-B Botany Paper and there being some irregularities found, amended model answers were published and the petitioner was called for interview and thereafter final merit list was published, wherein the petitioner has not been selected for the aforesaid post, upon which he filed representation before the respondent authorities agitating his grievance that answer sheets have not been evaluated correctly, but when nothing was done, the present writ petition has been filed by the petitioner.

(3.) Learned counsel for the petitioner submits that the action of the respondents is arbitrary, illegal and against Article 14, 16 and 21 of the Constitution of India. The action of the Respondent Authority is in violation of principles of natural justice and the same also violates the State Service Exam Rules, 2008. The petitioner and candidates had also raised the objection before the respondent-PSC but nothing has been done, whereas the respondent-PSC itself corrected some answers and questions by admitting its fault but the same has not been done in the petitioner's case. It is further submitted that the respondent-PSC has not considered many oral and written objections and it ought to have considered the case of the petitioner and should have awarded extra 8 marks to the petitioner for total 4 right questions/answers, as such the petitioner would have got 1072.66 marks and would find place at 28th rank in the merit list. Therefore, the writ petition may kindly be allowed and the case of the petitioner be directed to be considered by the Respondent Authorities. Reliance has been placed on the order passed by this Court in the matter of Shivendra Bahadur Vs. State of Chhattisgarh and Ors, passed in WPS No.751 of 2021 and other connected matters, decided on 1/2/2023 and in the matter of Dr. Suman Singh and another Vs. State of Chhattisgarh passed in WPS No.1761 of 2013, order dtd. 18/7/2023.