YOGESHWAR SINGH Vs. STATE

JUDGEMENT

(1.) PUBLIC Service Commission issued advertisement notice No.14-PSC of 2010 dated 24.09.2010 inviting applications from the eligible candidates for making selection against the post of PUBLIC Law Officer/Assistant Legal Remembrancer. Writ petitioners along with other candidates applied in pursuance to the said notification. Examination was conducted and thereafter Notification No.PSC/DR/ALR-PLO/2010 dated 06.04.2011 came to be issued for conducting interview of eligible candidates (annexure C). Petitioners have questioned the said notification on the ground that more than 43 questions out of 120 of Series A were out of syllabus. Thus no selection can be made on the basis of examination in which 1/3rd questions were out of syllabus. It is further averred that the respondents thereafter also lowered the cut-off-marks in the open merit category from 92 to 91 in order to accommodate some favourites. Accordingly, it is prayed that the notification and written examination held be quashed.

(2.) RESPONDENTS have filed the reply and resisted the petition. Heard.

(3.) IT has been specifically averred that no question was out of syllabus. However, petitioners have not invoked the remedy in terms of the rules and have not questioned the same till the result was declared. IT is further averred that the petitioners attempted all the 44 questions, which are allegedly said to be out of syllabus and have responded all those questions correctly and their performance was much better as compared to remaining 76 questions. Virtually after having failed to make the grade, the petitioners have questioned the notification.