MANI XESS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I.A. No. 3975 of 2018 is on board with a prayer for a direction upon the respondents to keep 4 posts vacant for the petitioners till final disposal of the writ petition.

(2.) Petitioners have approached this Court with a prayer for direction upon the respondents for constituting a fresh Committee of persons who were not part of earlier Committee etc. for determining the correct answer key for correct determination of the answer to one question each in paper 2 and 3 as described in Annexure-4 Series, as option for correct answer was not given. Further prayer has been made for a direction to JSSC to allot 1 marks in paper 2 to all the petitioners as the correct answer has been marked by the petitioners whereas demonstrably and patently incorrect option has been given by the respondent in the answer key and to grant 1 mark in paper 3 to all the petitioners as option for correct answer was not given by the respondents. Petitioners have further prayed for declaring them as selected candidates for further selection process or award appropriate marks after revaluation of answer books by members of expert committee. Petitioners have also prayed for keeping four seats vacant in order to adjust them in case order is passed in their favour and till the time, further proceedings with respect to Jharkhand Police Sub-Inspector Limited Competitive Examination, 2017 be stayed.

(3.) The facts leading to the instant writ petition as could be culled out from the materials on record are that the respondents-Jharkhand Staff Selection Commission published an advertisement being Advertisement No. 9/2017 for holding Jharkhand Police SubInspector Limited Competitive Examination-2017. Petitioners and others appeared in the said examination conducted on 26.11.2017 for filling up total vacancy of 1544 seats including 401 seats for ST category. It is case of the petitioners that there was apparent mistake on part of the respondents in as much as the question and option for answer were found to be faulty or not appropriate. The petitioners and others had to choose the option amongst the incorrect answer, which is evident from the answer key and amended answer key published by the respondents. In response to the objections invited by the respondents, the petitioners have registered their objections over certain questions but without giving any consideration to the objections raised by the petitioners, the results have been published on 8.1.2018. It is specific case of the petitioners that in the written test several questions were erroneously framed by the respondents having wrong answers in multiple choice answer and some of them were out of syllabus, thereby seriously impairing the petitioners' chance to score the cut-off marks for selection. Petitioners have been disqualified for few marks only and had there been no mistake in answer sheet of the respondents or had the answer sheets of the petitioner were evaluated correctly, they would have been declared successful.