JITESH KUMAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the present writ petition claiming for quashing of the examination result of the Apex Bank and District Cooperative Central Bank Recruitment Examination, a direction to the respondent No. 2 to award marks on his answer to certain questions of SET-D and prayed for the following reliefs:-

(2.) Brief facts of the case are that an advertisement was issued on 4/9/2023, by Chhattisgarh State Cooperative Bank Limited (commonly known as"Apex Bank"), for recruitment on the posts of Field Officer, Office Assistant, General Assistant and Society Manager. The petitioner was also one of the aspirants in the recruitment process. The written examination for selection was conducted on 29/10/2023, by the Chhattisgarh Professional Examination Board (commonly known as"VYAPAM"), in which the petitioner also participated. A total of 100 questions were set up, which were to be answered by the participants. After the written examination, the respondent No. 2 issued a Model Answer on 6/11/2023. The petitioner claims that the answer set up in the Model Answer for question Nos. 21, 22, 24, 29, 80 and 83 are incorrect answers. The petitioner made a detailed objection on 7/11/2023 for question Nos. 21, 22, 24, 29, 46, 74, 79, 80, 83 and 85 of SET-D (CBAS23). The respondent No. 2 deleted the 03 questions from the question paper, i.e. question Nos. 46, 74 and 79. Thereafter, without considering the objection of the petitioner, the respondent No. 2 issued the merit list along with a score card on 4/12/2023. The petitioner secured fewer marks; therefore, he could not find a place in the merit list of selected candidates. The petitioner again made his detailed representation to the respondent No. 2, through e-Mail on 6/12/2023, regarding the answer to question Nos. 21, 22, 24, 29, 80, 83 and 85 and the detailed representation on 7/12/2023 through Registered Post, explaining the details of the answer and its correctness. It is also the case of the petitioner that some of the questions which were deleted could not have been deleted, as the answers given in the model answer key were correct. Some of the answers were wrongly corrected, as the answers given by the petitioner were correct and they ought to have been accepted. Placing reliance on some literature available with the petitioner, he filed the present writ petition claiming the aforesaid reliefs.

(3.) The petitioner in person, would submit that the respondent No. 2 has incorrectly valued the answer sheet of the petitioner, and they valued the correct answers given by the petitioner as incorrect answers. The detailed representation of the petitioner has not been considered by the respondent No. 2. The questions were objective type, and answers were to be given in the OMR sheet. He would further submit that the question Nos. 21, 22, 24 and 29 of SET-D (CBAS23) of the question paper relate to the Chhattisgarh Co-operative Societies Act, 1960 (in short"Act of 1960"), and the answer given by the petitioner for question No. 21 was correct as per the provisions of Sec. 56(2), (3) and Sec. 2 of the Act of 1960. Question No. 22 relates to Ss. 17 and 18 of the Insurance Act. Question No. 24 relates to the circular issued by the Reserve Bank of India for the KCC Scheme and the Economic Survey. Question No. 29 relates to Ss. 8, 53(k)(4) and 70 of the Act of 1960. He would further submit that question No. 59 of SET-D (CBAS23), of the question paper was a mathematical question regarding the area of a triangle, which was correctly answered by the petitioner, but the same has been deleted by the respondent No. 2. Questions No. 80 and 83 of SET-D (CBAS23) question paper relates to English grammar, and the petitioner gave a correct answer as per the Cambridge Dictionary and perfect English Book authored by Mr. V.K. Sinha, but the respondent No. 2 marked as incorrect answer.