AMIT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned ASGI for the Union of India.

(2.) The writ petition seeks re-evaluation of applicant's/ petitioner's answer papers for the Limited Departmental Competitive Examination (LDCE) for promotion to the cadre of Inspector post for the year 2015- 2016. The examination was conducted on 22.10.2016 and 23.10.2016. Petitioner had applied for the Jharkhand Circle where there were 3 vacancies. The examination was on a country wide scale. Petitioner was given question Booklet Series 'D'. Petitioner noticed error in four questions i.e. question no. 73, 55, 68 and 96 in paper I, II, III & IV respectively. He made representation before the respondents on 06.01.2017. The result of the examination was declared on 21.06.2017. As per the circle wise merit list, petitioner obtained 786 marks whereas the last selected candidate obtained 792 marks. Petitioner again submitted representation on 18.09.2017 for re-checking of the errors in the answer scripts of booklet series 'D' and for re-evaluation. This was declined by letter dated 16.10.2017, which was made subject matter of challenge before the learned Central Administrative Tribunal (CAT) Patna Bench, Circuit Sitting at Ranchi in O.A. /051/00121/18 (Annexure-4). Learned CAT after considering the submission of the applicant / petitioner in the original application and the stand taken by the respondents through their written statement, refused to interfere in the matter holding as under:-

(3.) We have gone through the pleadings and heard argument of the learned counsels of both the parties. The reply of the respondents in their WS explains in detail the corrective action taken by them for correcting the mistakes in the questions and the answer sheet. Though it is true that some questions might have still escaped the notice of the Committee because of no alarm/ complaint being raised about their accuracy, it needs to be seen whether these mistakes are sufficiently material to change the whole result. We find it prima facie not to be so. In any case, the obvious mistake in not printing the correct answer option would have affected all the candidates equally. The remaining three out of 150 would not make material difference in the assessment to warrant re-assessment and quashing of examination. The OA is, therefore, dismissed. No order as to costs."