Case Law Details
it is quite vivid that the petitioners have demonstrably failed to make out a ground for quashment of examination which had taken place long back and there is no evident reason for interfering with the examination conducted by the Chhattisgarh PSC, as the examination has been conducted in fair and transparent manner except some challenge mounted by the petitioners which has been considered and rejected by this Court in the earlier paragraphs.
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1. The Chhattisgarh Public Service Commission (for short ‘the Chhattisgarh PSC’), the respondent herein, advertised the post of Assistant Director (Public Instructions) in advertisement dated 11-6-2014 and the posts of Registrar, Deputy Registrar and Assistant Registrar in advertisement dated 25-6-2014 inviting applications for the said posts in the Department of Public Instructions and the Department of Higher Education, respectively, prescribing syllabus for the same. Written examination was conducted jointly for all the posts on 12-10-2014. The Chhattisgarh PSC published model answers of both the papers i.e. General Studies and Aptitude Test inviting objections vide notification dated 25-10-2014 and last date for submission of objections was 20-11-2014. The petitioners submitted their objections relating to question Nos.116 to 130 stating that such questions are outside the syllabus and are not included in the Aptitude Test prescribed in the syllabus and, therefore, appropriate action be taken for deletion and award of bonus marks. The Chhattisgarh PSC immediately constituted an expert committee consisting of three members for consideration of those objections raised by the petitioners including other candidates and by the said committee of subject experts, the questions were held to be within the syllabus prescribed. Accordingly, the Chhattisgarh PSC turned down their objections and published notification on 19-2-2015. Thereafter, result of the examination was declared on 7-4-2015. The writ petitions were filed on or after 15-4-2015 challenging the result of examination and seeking bonus marks for disputed questions, for conducting fresh examinations and setting aside the examination already held. In the meanwhile, interview for the post of Assistant Director was concluded.
2. In this batch of writ petitions, it has been stated that within the meaning of Aptitude Test second paper, question Nos.116 to 130 asked were out of syllabus as they are relating to English language / grammar. The petitioners’ case is that knowledge of English language is not prescribed in the syllabus as mentioned in Schedule-II appended to the advertisement, therefore, above-stated fifteen questions could not have been asked under the said language and as such, appropriate reliefs be granted, granting bonus marking or directing the Chhattisgarh PSC to hold fresh examinations for the said posts cancelling the examination held for those posts.
3. The Chhattisgarh PSC has filed its return stating inter alia that the said questions are well within the four corners of syllabus prescribed since these questions fall within the purview of “Interpersonal skills including communication skills” which is prescribed in serial No.1 of the syllabus prescribed for Aptitude Test. It has further been averred that objections regarding questions being out of syllabus were placed before the expert committee duly constituted for that purpose. The expert committee of subject concluded that aforementioned questions are as per the prescribed syllabus and as such, those are within the syllabus prescribed for Aptitude Test. The Chhattisgarh PSC has also placed the syllabus of different Universities to substantiate the fact that in the syllabus prescribed by various Universities also the question paper of “Communication Skill” consists the questions in English language. Therefore, it has been submitted that the writ petitions deserve to be dismissed, as such objections by unsuccessful candidates are based on afterthought.
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