Gauhati High Court
Mr. Jenithung Tungoe & 4 Ors vs Nagaland Public Service Commission & 22 ... on 28 September, 2015
Author: T. Vaiphei
Bench: T. Vaiphei
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIOZRAM, AND
ARUNACHAL PRADESH)
Writ Appeal 370/2014
1) Jenithung Tungoe
2) C. Manie Phom
3) A.Z. Limhathung Lotha
4) Merithung Ovung
5) K. Yanrenthung Ovung.
Appellant.
-Versus-
1) Nagaland Public Service Commission
represented by the Secretary.
2) The Chairman, Nagaland Public Service
Commission.
3) The Controller of Examination, Nagaland
Public Service Commission.
4) The Principal Secretary to the Government
of Nagaland, Personnel and Administrative
Reforms Department.
5) Virekhru Domeh(Roll 7412) DBS, Kohima.
6) Sakuchingmak(Roll 7125), School
Education Department, Nagaland Civil
Secretariat.
2
7) Nathan Konyak(Roll 7399), C/o ASEN,
Women Christian Hostel, near Zeme
Baptist Church, Police Colony.
8) Vitoka Yepthomi(Roll 7110), Post Box 53,
Dimapur, Nagaland.
9) Puhan Khiamniungan(Roll 7103), School
Education Department, Nagaland Civil
Secretariat.
10) Nuhuta Junyi(Roll 7250), SA GAB II, Home
Department, Kohima.
11) Depe Letro(Roll 7185), Middle AG Colony,
Kohima.
12) Anguka Swu(Roll 7166), Padum Pukhuri
Boock 3, House 461, Dimapur, Nagaland.
13) Hoto K Yeptho(Roll 7184), Sumi Baptist
Church, 4th Mile, Diphupar, Dimapur.
14) Kiyelu T Yeptho(Roll 7175), Sumi Baptist
Church, 4th Mile, Dimapur, Nagaland.
15) Renbithung Jami(Roll 7301), House 42,
Kennozon Colony, Kohima.
16) S. Atok Phom(Roll 7174), SAB-B, Home
Department, Nagaland Civil Secretariat,
Kohima.
17) Lipokshungkum Imsong(Roll 7164), Home
Department, Nagaland Civil Secretariat.
18) Samuel Newmai(Roll 7227), Excise
Department, Nagaland Civil Secretariat,
Kohima.
19) Kenedy K Yepthomi(Roll 7308), Personnel
and Administrative Reforms Department,
Nagaland Civil Secretariat, Kohima.
3
20) Kesangu-u Soukhrie Nganga(Roll 7339),
Kohima village, L-Khel.
21) Imliwapang Aier(Roll 7253), House 30,
Lower Bayavu Hill, near Mountain View
College, Kohima.
22) Zhokhusheyi Rhakho(Roll 7038), Marina
Bombay Dying, Josokie Place, Razhu
Point(Main Town), Kohima.
23) Vikutu Chishi(Roll 7155), Post Box 1017,
Head Post Office, Kohima.
Respondent.
PRESENT HON'BLE THE CHIEF JUSTICE(ACTING) MR. K. SREEDHAR RAO HON'BLE MR JUSTICE T. VAIPHEI For the appellants : Sri S. Dutta Sr. Advocate.
For the respondent 1, 2 and 3 : Sri DK Mishra Sr. Advocate For the State respondents : Smt. T. Khro, G.A. Date of hearing and judgment : 28.9.2015 JUDGMENT-AND-ORDER Chief Justice(Acting) Mr. K. Sreedhar Rao.
The Nagaland Public Service Commissioner had held NCS, NPS, NSS and Allied Services Examinations 2014 for selection to the following posts:
4
1) 20(twenty) posts of Extra Assistant Commissioner[Class I Gazetted(Junior Grade)] under the Personnel and Administrative Reforms Department, Nagaland.
2) 3(three) posts of Deputy Superintendent of Police(Class I Gazetted) under the Home Department, Police Establishment Branch, Nagaland.
3) 2(two) posts of Youth Resources Officer(Class II Gazetted) under the Youth Resources and Sports Department, Nagaland.
4) 2(two) posts of Station Superintendent(Class II Gazetted) under the Nagaland State Transport Department, Nagaland.
5) 40(fourty) posts of Secretariat Assistant(Class III Non-gazetted) under the Personnel and Administrative Reforms Department, Nagaland.
6) 2(two) posts of Research Assistant(Class III Non-gazetted) under the Arts and Culture Department, Nagaland.(Reserved for Angami and Khiamniungan Tribe).
7) 1(one) post of Research Assistant(Class III Non-gazetted under the Administrative Training Institute, Nagaland.
8) 2(two) posts of Assistant Jailor(Class III Non-gazetted) under the Prison Department, Nagaland. (Only for Male Candidates).
2) The examination had three stages ~ Preliminary, Mains and Viva Voce. Out of the 13000 candidates appeared in the Preliminary, 502 were 5 qualified for the Mains. However, 487 candidates appeared in the Mains.
The Mains consisted of the following Papers.
(i) General English.
(ii) General Studies Paper-I(MCQ).
(iii) General Studies Paper-II(Descriptive).
3) The Mains was held spreading over a period of three days and concluded on 4.9.2014. About six days after the conclusion of the Mains, 19 candidates who appeared in the Mains had submitted their objections to the Commission vide annexure M, which reads as follows.
"Date: 09/09/14.
ANNEXURE-M. To, The Controller of Examination, Nagaland Public Service Commission, Nagaland, Kohima.
Sub: Prayer for rectification of NPSC Civil Service 2014(Main) Paper I(MCO).
Sir/Madam, With utmost concern, we, the undersigned are deeply constrained to bring to your notice the following points for your kind perusal with regards to 'NPSC Civil Service(Main) 2014, General Studies, Paper 1(MCQ).
1. The current affairs questions has been fully copy paste from the book TATA McGraw Hills General Studies Manual-2013. Current Events, page 99 to 103, wherein within five pages (100 Questions) of that 6 single book, 50 marks questions has been copy paste. But the main issue here is that, the so called current affairs are no longer current because the events of 2011 & 2012 are no more current affairs of 2014 and rather part of General Knowledge(GK is not part of the syllabus).
2. Out of 200 questions, at least 120 questions are copy paste from the mentioned book question bank. In this regard the exam becomes heavily tilted in favour of some people (those who read the said book) only and the matter of level playing field stands compromised.
It becomes very unfair and unjustifiable because in such a situation, exam becomes more a matter of luck & less of hard work or intelligence. Speculation also becomes rift when in premiere exam like NPSC, there are some people who knows almost 100% of the answers. Last year the court has issued a stay order for Manipur Civil Service Prelims exam as the questions were fully cop paste from one single website. It is unfortunate that NPSC is making similar mistake.
We therefore, earnestly appeal to your office to rectify this grievous flaw by allotting equal marks in the current affairs section or re-conduct exam for Paper I(MCQ). Copy paste is one thing, but setting question out of context is everything. Also, do set questions in original in future without copy paste from any book or website so as to maintain the standard & quality of exam. NPSC has come a long way in gaining the confidence of the people & we believe that it would uphold & even enhance its credibility by allowing the aspirants to repose faith in the system.
Enclosed:-As Stated.
Copy to:-
1. Chairman, NPSC, Nagaland, Kohima.
2. Member, NPSC , Nagaland, Kohima.
3. Secretary, NPSC, Nagaland Kohima".
4) The Commission took cognisance of the objections and later held a meeting on 11.9.2014. The members who participated at the meeting have discussed about three possible options in their opinion to deal with the objections raised by the 19 candidates, which are as follows. 7
"(1) To allot equal marks to all candidates on all the copy pasted questions found in General Studies Paper-I. (2) To conduct a fresh exam on General Studies paper-I and (3) To do away the General Studies Paper-I and assessed the merit of the candidates from the other 2(two) papers i.e. General English(200 marks) and General Studies Paper-II(200 marks) both are descriptive".
5) The Commission, out of the said three options, has found that it is not practical to go in for the second solution of conducting a fresh exam due to time factor. The third option discussed was also not found to be feasible, since it was found that out of the 200 questions in GS-I Paper about 119 questions were virtually borrowed from the TATA McGraw-Hill Series 2013. The Commission has found that the job entrusted to a company for setting the question paper has committed impropriety in substantially borrowing the 119 questions from one book. The students who followed and studied the TATA McGraw-Hill Series 2013 will have an advantage of answering the questions easily whereas the students who had not studied and followed the TATA McGraw-Hill Series 2013 will not have that disadvantage. The Commission, therefore, opined that all the candidates who appeared in the GS-I Paper should be given 119 marks equally in respect of the questions which are a replica of the TATA McGraw-Hill Series 2013 irrespective of whether each of them attempted the questions correctly or not. The viva voce is also held. Results are not declared. At that stage petitioners have filed the writ petition[WP(C) 187(K)/2014] challenging the decision of the Commission to award 119 8 marks equally to the candidates who appeared in the GS-I Paper irrespective of whether they attempted the questions correctly or not.
6) The learned Single Judge passed an interim order directing the Commission not to declare the results. Later on at the instance of the Commission the learned Single Judge vacated the interim order. Aggrieved by the vacation of the interim order petitioners have filed an appeal. In the course of hearing of the said appeal on the interim order, at the request of the parties the writ petition was withdrawn from the file of the learned Single Judge to the Division Bench at the Principal Seat for deciding the writ petition on merits.
7) The first contention is that 119 questions in the GS-I Paper were virtually borrowed from the TATA McGraw-Hill Series 2013 and such method of copy-and-paste from the said book would only give unfair advantage to the candidates who have followed and studied the said book and disadvantage to the students who have not followed and studied the said book. Secondly, it is contended that the questions to be asked were to be confined to the current affairs of the year 2014 and not of the year 2011-12, therefore the questions which relate to the events of the year 2011-12 cannot be considered as current affairs hence the events 9 pertaining to the year 2011-2012 would be outside the syllabus prescribed.
8) Shri S. Dutta, the learned senior counsel for the petitioners, has strenuously submitted that the decision of the Commission to award 119 marks equally to all the candidates who attempted GS-I Paper is malafide and arbitrary. The Commission ought to have evaluated the answers and given the marks to the 119 questions according to the rules. In the rules of evaluation a correct answer gets full mark while a wrong answer gets negative mark. If that method is adopted the candidates who have correctly answered the questions would be eligible to get higher marks and those who have not correctly answered the questions would get negative marks and that the 119 marks equally given to all the candidates would be totally unfair and arbitrary.
9) It was further contended that the allegation that the questions in GS-I Paper about 119 questions were borrowed from model question paper book TATA McGraw-Hill Series 2013 is not a ground by itself to hold that there is mala fide in setting the question paper, therefore to award marks on the ground that the questions asked are copy-pasted from the book is also unfair and arbitrary. Therefore, to award 119 marks 10 to all the candidates on the ground that the questions asked are copy- pasted from the TATA McGraw-Hill Series 2013 is unfair and arbitrary.
10) Per contra, Shri DK Mishra, the learned senior counsel appearing for the Commission, has relied upon the minutes of the meeting held by the Commission on 11.9.2014 vide annexure A and submitted that the Commission has all the plenary powers in conducting the examination and in evaluating the merit of the candidates who appeared in the examination. Three possible options were discussed by the Commission. The second option was found to be not feasible because of time factor. The third option was found to be not equitable to ignore the marks secured by the candidates in the GS-I Paper. Therefore the Commission took a bona fide decision that 119 marks be equally awarded to each of the candidates who appeared in the GS-I Paper. It is strenuously contended that there is no dishonesty or mala fide in the decision taken by the Commission. All the available options were thoroughly discussed and debated and finally it was held that to allot equal marks was the best suitable solution to the situation.
11) The learned senior counsel for the Commission has relied upon the decisions of the Supreme Court in Subodh Kumar and others v. Bihar Public Service Commission and others(MANU/BH/0532/1995) and UP 11 Public Service Commission v. Subhash Chandra Dixit and others[(2003) 12 SCC 701] to bring home the point that the Commission has got plenary powers for conducting examinations, evaluating answer-sheets and assessing the merit of the candidates. In the absence of mala fide it is impermissible on the part of the petitioners to question the decision of the Commission.
12) Smt. T. Khro, the learned govt. advocate, has submitted that they have not filed any objection statement and they would abide by the decision of the Court.
13) Shri D. Nath, the learned counsel for the private respondents, has submitted that out of the 19 students who submitted objections to the Commission on the ground that the GS-I question paper was copy- pasted, 15 of them have been qualified for the viva voce and four of them have failed in the Mains, therefore there is no element of favouritism shown to the 19 students who filed objections to the Commission regarding the legal validity of the GS-I question paper, as such he argued that the decision taken by the Commission is fair and correct and does not call for interference.
12
14) After a stern scrutiny of the rival contentions we find that basically three questions emerge to call for answer:
(i) Whether the copy-pasting of 119 questions from the TATA McGraw-Hill Series 2013 amounts to illegality and unfairness.
(ii) Whether the questions of GS-I Paper relating to the events of the year 2011-12 should be considered as out of the syllabus and does not conform to the current affairs.
(iii) Whether the Commission was justified in allotting 119 marks equally to all the candidates who appeared in the GS-I Paper.
15) It is not in dispute that 119 model questions from the TATA McGraw-Hill Series 2013 were borrowed in the GS-I Question Paper. It is the contention that according to the recruitment rules published in the notification dated 28th September, 2011 the GS-I Question Paper will consist of the questions on the following matters.
(i) Modern History of India and Indian Culture.
(ii) Current events of national and international importance.
(iii) Statistical analysis, graphs and diagrams.
(iv) Basic and everyday science.
(v) Nagaland in all aspects.
13
16) The following 119 questions are said to be replica of the questions in the model question book of the TATA McGraw-Hill Series 2013:
PAPER : GENERAL STUDIES PAPER - I(MCQ).
1. The largest Stupa at Sanchi is assignable to the period of the A) Maurya B) Kushanas C) Satavahanas D) Gupta
3. When did Ghandhiji first coined harizan for the so called "untouchables" in India.
A) 1916 B) 1922 C) 1932 D) 1942
4. Hunter Commission was appointed by the British to probe into the A) Bardoli Satyagraha B) Khilafat agitation C) Jallianwala Bagh Tragedy D) Chauri Chaura incident.
5. The first country to establish trade relation with India was A) England B) Holland C) Franch D) Portugal
12. The state of Jhansi was made a part of British Empire through the A) A Doctrine of Lapse B) Policy of subsidiary alliance B) War against Rani Lakshmibai D) None of these.
13. Put in ascending chronological order a. First battle of Panipat b. Second battle of Tarain c. Shifting of capital from Delhi to Deogiri d. Ahmad Shah Adali's invasion.
A) abcd B) bacd C) cbad D) bcad
14. The emphasis on love as the bond between God and individual soul was based on the idea.14
A) Monotheism B) Polytheism C) Pantheism D) Agnosticism.
15. European painting was introduced in the court of A) Humayun B) Akbar C) Jahangir D) Shahjahan.
16. (a) Assertion : The 1857 mutiny was suppressed by the British.
(r) Reason: Except for people like Rani of Jhansi and Tantya Tope, few feudal lords participated in the mutiny.
A) Both a & r are true and r is the explanation for r B) Both a & r are true and r is not the correct explanation for a C) Both a & r are false.
D) A is true, r is false
17. The French challenge to British supremacy in India came to an end with A) The Battle of Wandiwash B) The Battle of Bauxer C) The Battle of Seringapatnam D) The Battle of Plassey
18. The main aim of Asiatic Society was to A) discover the past B) promote western culture in Asia C) develop unity among Asian people D) spread English education
19. Which of the following princely states was not annexed by the British?
A) Satara B) Awadh C) Gwalior D) Sind.
20. Which of the statements are true?
1. The relation between Nepal and British India were never cordial
2. Nepal was a buffer state between India and Tibet or China
3. Bhutan maintained an independent foreign policy
4. None of the above.
A) Only 2 B) 2 & 3 C) Only 4 D) 1 & 3 15
21. Which of the following was not conquered by Ranjit Singh.
A) Beeas Sutlej territory B) Multan C) Kashmir D) Peshwar
22. Rule of Law in British India mean A) that everybody is equal in the eyes of law B) that British and Indian subjects went to the same courts. C) that laws were framed and courts set up. D) None of these.
23. The 19th reawakening in India was confined to the A) Priestly classes B) upper middle classes C) rich peasantry D) urban landlords.
24. Who said "India has to unite and conquer the whole world once again with its might".
A) Jawarharlal Nehru B) Dayanda Swaraswati C) Swami Vivekananda D) Ramkrishna Paramhansa
25. Of the following East India Company's officials who was not tried for misconduct by British Parliament?
A) Lord Clive B) Warren Hastings C) Lord Wellesley D) Lord Hardinge.
26. Through the Portuguese some new crops were introduced in India, find the odd one.
A) Potato B) Pineapple C) Tobacco D) Maize
27. Which of the following was the first fortified English port in India.
A) Masulipatam B) Armagaon C) Surat D) Fort St. George
28. The treaty of Beswan was signed by the English with A) Holkar B) Peshwa C) Scindia D) Bhonsle 16
29. The Italian traveler who left a praiseworthy note on the Vijaynagar empire was.
A) Barbosa B) Marco Polo C) Nicolo Conti D) Tome Pires
30. Which of the following proved to be the most short lived of all the British Constitutional experiments in India?
A) Government of India Act, 1939 B) Indian Council Act, 1909.
C) Pitt's India Act, 1784 D) None of these.
31. On 17th October 1940, the individual Satyagraha was inaugurated by A) Sardar Vallabhbhai Patel B) MK Gandhi C) Acharya Vinoba Bhave D) Jawaharlal Nehru.
32. The twin principle of Gandhi's Ram Rajya were A) Truth and nonviolence B) Right means and right ends C) Khadi and Ahinsha D) None of these.
33. FICCI was founded by A) Birla and Tata B) Tata and Thakurdas C) Birla and Thakurdas D) None of these.
34. Most enduring and militant agitation originated during 1945-47 was the A) Thebhaga movement B) Telengana movement C) Travancore movement D) Baksht Peasant movement
35. Who among the following attended the three Round Table Conference.
A) Sardar Vallabhbhai Patel B) M.K. Gandhi C) Acharya Voniba Bhave D) B.R. Ambedkar 17
36. Who among the following leaders opined. "We will not achieve any success in our labours if we croak once a year like a frog"
A) Acharya Vonoba Bhave B) Jawaharlal Nehru C) B.G. Tilak D) Bipin Chandra Pal
37. In 1890 the first woman graduate from Calcutta University addressed the Congress Session. Who was she A) Kadambini Ganguly B) Pandita Rama Bai C) Malavika Mukherjee D) None of these.
38. Who played an important role in bringing together the Muslim League and the Congress in 1916?
A) Jawaharlal Nehru B) M.K.Gandhi C) Acharya Vonoba Bhave D) B.G. Tilak.
39. The boundary between India and Pakistan was created by A) Lord Mountbatten B) Sir Cyril Radcliffe C) Sir Stafford Cripps D) None of these.
40. Formation of an interim Government set up on September 2, 1946 was first envisaged by.
A) Wavell Plan B) Cripps Mission C) Cabinet Mission Plan D) None of these.
41. Who was made the Home Minister when Jawaharlal Nehru formed first interim Government in 1946?
A) Mohammad Ali Jinnah B) Baldev Singh
C) Liaqut Ali Patel D) Sardar Patel
18
42. Who was the President of Indian National Congress when India became free?
A) Mahatma Gandhi B) Jawaharlal Nehru C) J.B. Kripalani D) Sardar Patel.
43. Who proposed the preamble before the drafting committee of Constitution.
A) Jawaharlal Nehru B) B.R. Ambedkar C) B.N. Rau D) J.B. Kripalani
44. The Quit India campaign was launched after the failure of A) Cripps Mission B) Simla Conference C) Cabinet Mission D) None of these.
45. The Moplah rebellion in 1921 broke out in A) Bengal B) Bihar C) Kerala D) Assam
46. Who is remembered as the pioneer of economic nationalism?
A) G.K.Gokhale B) Bipin Chandra Pal C) R.C. Dutt D) Madan Mohan Malviya
47. Who was the advocate at the INA trial?
A) Bhula Bhai Desai B) Woomesh Chander Banerjee C) Asaf Ali D) C. Rajagopalchari
48. The British Cabinet Mission which came to India in 1946 did not have as its member A) A.V.Alexander B) Sir Stafford Cripps C) Campbell Johnson D) Lord Pethick Lawrence 19
49. In which year did Bankim Chandra write Anandamath?
A) 1882 B) 1858 C) 1891 D) 1842.
50. The first Satyagrah campaign of Gandhiji was started at A) Bardaloi B) Champaran C) Dandi D) Baroda
55. Sweat contains A) Pure water B) water salt and waste matter C) Phosphoric acid D) Calcium phosphate and water
56. Riboflavin is a/an A) Enzyme B) Antibiotic C) Vitamin D) Colouring agent.
57. Linseed oil is used mainly in A) Washing B) Painting C) Feeding D) Massaging
59. Cooking oil can be converted into vegetable ghee by the process of -
A) Hydrogenation B) Distillation C) Crystallization D) Oxidation
90. Which of the following states topped the medals tally at the 26th North East Games?
A) Assam B) Mizoram C) Tripura D) Manipur.
91. Which of the following cities hosted the 15th World Sanskrit Conference? 20
A) Chennai B) Jaipur C) New Delhi D) Patna.
92. Madhav Gadgil Committee placed the report in public domain in 2012 is related to A) Reservation of women B) Defence procurement C) Ragging in educational institution D) Western Ghat Ecology.
93. A prehistoric druidical rock worshipping place and shelter resembling to those in Europe and Africa were discovered in India in 2012 in A) Kerala B) Andhra Pradesh C) Madhya Pradesh D) Gujarat
94. Who of the following Indian has been listed as world's most influential people?
A) Sonia Gandhi B) Mamata Banerjee C) Pranab Mukherjee D) Mayavati.
95. The first edition of the Global Food Security Forum was held in 2012 in A) Tirana B) Rabat C) Nairobi D) Dubai
96. "Barack Obama: The Story" is written by A) David Maraniss B) Edward Klein C) J.M.Coetzee D) Easterine Kire
97. 26th North East Games were held in A) Assam B) Mizoram C) Tripura D) Manipur 21
98. In which of the following cities UN Conference on Sustainable Development was held in 2012?
A) New York B) Durban C) Rio de Janeiro D) Tokyo
99. Prakash Bakshi Committee, set up in 2012 is related to A) Reservation of women B) Defense procurement C) Rural credit coooperatives D) Sugar de-control.
100. Who of the following won the Pritzker Archtecture Prize in 2012?
A) Wang Su B) Yang Sianf Koma C) Shinya Yamanka D) None of these
101. A major University centre dedicated to the life and works of Rabindranath Tagore was opened in 2012 in A) London B) Tokyo C) Edinburn D) New Delhi
102. The 2012 BRICKS Summit was held in A) Brasilia B) Durban C) New Delhi D) Sanya
103. The 3rd Asian Beach Games were in A) Bangkok B) Haiyang C) Chennai D) Singapore
104. Charles Taylor who was sentenced to 50 years was the President of A) Liberia B) Uganda C) Zambia D) Ivory Coast
105. The 12th Summit of Shanghai Cooperative Organisation was held at A) Tashkent B) Astana C) Beijing D) Dushanbe 22
106. Which of the following cities hosted the meeting of North South Transport Corridor in 2012?
A) Moscow B) New Delhi C) Tehran D) Ankara
107. In 2012 the Union Cabinet approved the setting up of North East Centre for Technology Application and Research A) Shillong B) Dispur C) Imphal D) Kohima
108. Which of the following states launched the India's first ever river-lake link project in 2012?
A) Odisha B) Madhya Pradesh C) Uttarkhand D) Bihar
109. The largest solar telescope in Europe was opened in 2012 in A) Spain B) Netherlands C) Belgium D) Franch
110. Who won the Wisden's Leading Cricketer in the world awarded in 2012.
A) Sachin Tendulkar B) Team Bresnan C) K. Sangakkara D) Glen Chapple
111. Which of the following countries topped the list of most failed states in the world A) Sudan B) Chad C) Somalia C) Congo 23
112. Who is the author of the book 'A Life in Politics'?
A) Pranab Mukherjee B) Prakash Katat C) Mamata Banerjee D) P.A. Sangma
113. Which of the following countries won the Thomas Cup(2012) Badminton Championship?
A) India B) China C) Japan D) South Korea
114. The book 'Pakistan on the Brink: The Future of America, Pakistan and Afghanistan' is written by A) Jack Higgins B) Khalid Mohamed C) Ahmed Rashid D) Jamil Ahmed.
115. Which of the following countries ranked last in Global Peace Index(2012)?
A) Somalia B) Chad C) Sudan D) Congo
116. Which of the following countries will host 2016 Euro Cup Tournament?
A) Spain B) Netherlands C) Belgium D) Italy
117. Europe's tallest skyscraper was inaugurated in 2012 in A) London B) Rome C) Brussels D) Paris
118. John Frederik Stall, who passed away in 2012 was a famous A) Indologist B) Chemist C) Economist D) Biologist 24
119. Indian Coast Guard Ship 'Sumudra Paharedar' was commissioned in 2012 in A) Hazira B) Cochi C) Mumbai D) Kolkata
120. S.A. Anand Committee submitted report in 2012 is related to A) Mullaperiyar dam B) Poverty line review C) Neora valley D) Municipalities
121. Sherwood Rowland who died in 2012 was a renowned A) Physicist B) Chemist C) Economist D) Biologist
122. Dada Saheb Phalke award(2011) was awarded to in 2012 A) Vidya Balan B) Soumitra Chatterjee C) A.R.Rahman D) Javed Akhtar
123. Who is the author of the book 'Vertex of Conflict: US Policy towards Afghanistan, Pakistan and Irak'?
A) DAvid Maraniss B) James Franco C) Dan Cladwell D) None of these.
124. Who was the author of the book "India for sale: My 150 cartoons on corruption?
A) Kunal Basau B) R.N. Singla C) Sudhir Trailang D) R.K. Anand
125. Which language film won the best Feature Film Award in 59th National Film Award?
25
A) Kannada B) Odiya C) Bengali D) Punjabi
126. In 2012 Atonis Samaras was sworn as Prime Minister in A) France B) Greece C) Haiti D) Iceland
127. Which of the following cities will host 2016 Olympic Games?
A) Rio de Janerio B) Abu Dhabi C) Kualampur D) Buenos Aires
128. Which of the following cities had been selected to host G-20 Summit 2014?
A) Melbourne B) Perth C) Sydney D) Brisbane
129. Joyee Banda became the first President of the country A) Malawi B) Zambia C) Costa Rica D) Chile
130. 14th Euro Cub Tournament(2012) was held in A) Poland & Ukraine B) Germany & Poland C) GErmany & Spain D) None of these
131. The Organization of Islamic Cooperation Summit(2012) was held in A) Bagdad B) Mecca C) Cairo D) Dacca
132. Who wrote 'Anna: 13 days that Awaken India?
A) Arvind Kejriwal B) Asutosh C) Padma Desai D) None of these
133. Meles Zenawi, who died in 2012 was the Prime Minister of A) France B) Ethiopia C) Sudan D) Iceland 26
134. The Non Aligned Movement(NAM) meeting 2012 was held in A) Tehran B) Havana D) Jakarta D) Kampala
135. Which of the following countries topped the medal tally in 2012 Olympic Games?
A) USA B) China C) Great Britain D) Russia
136. Abel Prize(2012) was awarded to
A) Hans Fallada B) J.B.Narlikar C) Endre Szemeredi
D) None of these.
137. Educational Development Index report released in 2012, the state and UTs are led by A) Puducherry B) Lakshadwip C) Chennai D) Mizoram
138. Which of the following is related to Godrej Committee set up in 2012?
A) Corporate Governance B) Oil price management
C) Banking reforms D) None of these
139. The 2012 Global Peace Index is topped by A) Iceland B) Denmark C) Nez Zealand D) Candaa
142. The 'IC' Chips used in computers are made of A) Chromium B) Silicon C) Silica D) Iron oxide
150. SzSzent-Gyorgye was awarded Nobel Prize for isolating Vitamin C from which of the following?
A) Oranges B) Chillies C) Apple D) Amla
151. The substance most commonly used for food preservative is A) Acetic acid B) Oxalic acid C) Benzoic acid D) Lactic acid
152. Paracetamol 27 A) relieves pain B) as an antibiotic C) is a sulpha drug D) causes stomach ulcer.
153. Which one is known as Stranger Gas?
A) Argon B) Neon C) Nitrous oxide D) Xenon
154. The compound obtained by heating caustic soda solution with linseed oil can be used as a A) soap B) fertilizer C) plastic D) fuel
155. Milk is the example of A) suspension B) emulsion C) gel D) foam
156. Chemically, cane sugar is A) Lactose B) Glucose C) Sucrose D) Starch
157. What is Ruby chemically known as?
A) Aluminum oxide B) Lead oxideC) Boron nitride D) Silicon dioxide
158. The substance that is not polymeric in nature A) Starch B) Cellulose C) Glucose D) Nylon
159. The natural substance from which energy may be harnessed and is essentially made up of one element A) Water(dam) B) Coal C) Air(wind mill) D) Petroleum
160. The element not present in fertilizer A) nitrogen B) phosphorus C) chlorine D) hydrogen
161. Gas evolving during fermentation is A) Carbon dioxide B) Nitrogen C) Sulfer dioxide D) All of these
162. In hospital Oxygen tube for respiration contain Oxygen and A) Argon B) Nitrogen C) Helium D) None of these 28
163. For rural area which one may be the best alternative energy resource for cooking?
A) Biogas B) Electricity C) Wind mill D) None of these
164. Indigo is used in A) Air traffic B) Dyeing industry C) Perfumery industry D) Pharmaceutical industry
165. Gasoline is the name given to the same substance A) Petroleum B) Diesel C) Crude oil D) Natural gas
166. A medicinally useful compound obtained from the oil of pappermint is A) Menthol B) Thymol C) Morphine D) None of these
167. Emeralds are made up of A) carbon B) beryllium C) silica d) None of these
168. The substance that is least prone to catch fire A) Nylon B) Cotton C) Polyester D) Terycot
169. The first metal that was used by man A) Copper B) Gold C) Silver D) Iron
170. Most malleable metal is A) Copper B) Gold C) Silver D) Iron 29
17) The Commission has found that the 119 questions in the GS-I Paper are the replica of the questions found in the TATA McGraw-Hill Series 2013. The contention that more than 60 per cent of the questions in GS-I Paper are copy-pasted from one book does not render the question paper as illegal. Any model question paper book will necessarily cover the events of the Indian History, Indian Culture, Current Affairs, etc. There is no copyright on the said questions by any publisher. The syllabus prescribed clearly disclose the subjects of Modern History of India, Indian culture, current events of national and international importance, matters pertaining to statistical analysis, basic and everyday science and Nagaland in all aspects. A student has been given sufficient information as to what would be the subjects on which questions would be asked. The candidates appearing in examinations are free to choose any book for their study. When the syllabus is made clear about the questions that may likely be asked on the subjects mentioned it cannot be said that the candidate who has not followed the TATA McGraw-Hill Series 2013 is put to a disadvantageous position is an untenable contention.
18) As for the current affairs the learned counsel for the respondents referred to the notification dated 26th September, 2011 that discloses the subjects which are covered by the GS-I Paper, which reads as follows. 30
"The subject/topics to be covered will be as follows:
1. General Science: General appreciation and understanding of science, including matters of every day observation and experience as may be expected of a well educated person who has not made a special study of any scientific discipline.
2. History: Broad general understanding of the subject in its social, economic, political aspects; social and cultural heritage of India, emphasizing unity in diversity.
3. Nagaland: Social, culture and heritage of its people.
4. Geography: Geography of India including the physical, social, economic, geography and on the main features of Indian agriculture and natural resources.
5. Indian Polity and Economy: Country's political, Executive, Judicial System, Local Bodies, Rural and Community Development and Economic Planning in India.
6. Indian National Movement: Nature and character of the Nineteenth century resurgence, growth of nationalism and attainment of independence.
7. General Mental Ability Test: Analysis of classified data, logical and behavioural reasoning, analogies, basic arithmetic, numerical ability and basic concept of computers.
8. Current events: Latest development on all the fields detailed above including science and technology and environmental awareness".
19) The current events and latest developments are very elusive expressions to be given any precise definition. What should be the cut-off date to determine whether it is the latest development or not is very difficult to define. Any development that takes place in the range of one to two years could be considered as current event and latest development. In fact, the examinations were held in the year 2014. Usually the model question paper book published in the current year would cover the events of the previous year. So much so the books on the current events of the year 2014 would be published in the next year's publication i.e. 2015. As 31 for the current events of 2014 normally there would be no publication of model question paper book in the year 2014. It is difficult to define with arithmetical precision as to what period could be considered as current event. Necessarily a student should have good general knowledge. A student cannot say that the questions should be asked only in respect of the events that have happened between January 2014 till the question paper setting in respect of the GS-I Paper and such a say would be a tall order which a candidate cannot dictate.
20) Merely because about 15-20 questions pertain the events of the year 2012 does not mean that they could be considered as out of syllabus and cannot be considered as current events. In fact more than 50 per cent of the questions asked pertain to the Indian national movement, nineteenth century nationalism and Indian Culture. So also a good number of questions have been asked with regard to the other subject matters notified in the syllabus of the GS-I Paper. Therefore it was untenable on the part of the Commission to have directed that the answers to 119 questions of all the candidates need not be evaluated.
21) In course of argument it is submitted that the students were permitted to take away the question paper along with them after the main examination. It is inferable that the 19 candidates after coming out 32 of the examination hall could have found out that the answers given by them to the 119 questions are incorrect. Therefore they have adopted this disingenuous strategy of attacking the question paper as being illegal. The Commission, in tandem, agrees with the untenable contention and directs that the answers to the 119 questions should not be evaluated and full marks to be given to all the candidates. The decision of the Commission is arbitrary and unfair. Merely because the majority of the questions are from one model question book it is not a ground to hold that the setting of question paper is illegal. In that view we hold that the resolution of the Commission to award 119 marks equally to all the candidates is arbitrary and illegal.
22) It is therefore directed that the Commission shall direct evaluation of the answers of the GS-I Paper relating to the 119 questions and award marks as per the norms viz. the correct answers be given full marks and wrong answers be given negative marks. Accordingly the Commission shall assess the performance of the candidates on the basis of the answers they have given in the GS-I Paper and thereafter assess the merit ranking of the candidates coupled with the marks obtained by them in the viva voce and to publish the final selection list.
JUDGE CHIEF JUSTICE(ACTING)
na/
33