Chattisgarh High Court
Sabyasachi Choubey vs Chhattisgarh Public Service ... on 15 November, 2019
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AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
(Judgment/Order delivered on 15.11.2019)
WPC No. 2403 of 2019
Kumar Saurav S/o Satish Chandra Aged About 24 Years Occupation
- Advocate ( Enrolment No. J H 711 / 2018 ) R/o Kalyanpur, Road No.
4, Singh More, Post Office Hatia, Ranchi (Jharkhand), District :
Ranchi, Jharkhand --- Petitioner
Versus
1. State of Chhattisgarh through Secretary Department of Law and
Justice Raipur, District Raipur, Chhattisgarh
2. High Court of Chhattisgarh through The Registrar General, High
Court Campus Bodri District, Bilaspur, Chhattisgarh
3. Chhattisgarh Public Service Commission through the Secretary,
Shankar Nagar Road, Bhagat Singh Square, Raipur District Raipur
Chhattisgarh.
4. The Examination Controller, Chhattisgarh Public Service
Commission, Shankar Nagar Road, Bhagat Singh Square, Raipur
District Raipur Chhattisgarh. --- Respondents
WPS No. 4950 of 2019
Sabyasachi Choubey S/o Shri L.K. Choubey Aged About 30 Years
R/o Gitanjali Nagar, Bilaspur District : Bilaspur, Chhattisgarh ---
Petitioner
Versus
1. Chhattisgarh Public Service Commission through its Secretary,
Shankar Nagar, Raipur Chhattisgarh.
2. Controller of Examination Chhattisgarh Public Service Commission,
Shankar Nagar, Raipur District : Raipur, Chhattisgarh
3. State of Chhattisgarh through its Secretary, Department of Law and
Legislative Affairs, Mahanadi Bhawan, Atal Nagar, Raipur District :
Raipur, Chhattisgarh ---- Respondents
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WPS No. 5407 of 2019
Chhabi Lal Sahu S/o Chandu Lal Sahu Aged About 32 Years R/o
Village Mohanpur, Post Fulwari (F), Tehsil Lormi, District Lormi C
District : Mungeli, Chhattisgarh --- Petitioner
Versus
1. The State of Chhattisgarh through the Principal Secretary, Law and
Legislative Department, Atal Nagar, New Raipur, District : Raipur,
Chhattisgarh
2. Chhattisgarh Public Service Commission through the Secretary,
Shankar Nagar, Road, Bhagat Singh Squre, Raipur District : Raipur,
Chhattisgarh --- Respondents
WPS No. 5935 of 2019
Priyamvada Singh D/o Late Shri T.K. Singh Aged About 31 Years R/o
Gandhi Nagar, Behind Balram Talkies, Bilaspur, Police Station - City
Kotwali, Tahsil And District - Bilaspur, District : Bilaspur, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Law and
Legislative, Mahanadi Bhawan, Mantralaya, Police Station and Post -
Rakhi, Atal Nagar New Raipur, District - Raipur, Chhattisgarh.
2. High Court of Chhattisgarh through Registrar General, Chhattisgarh
High Court, Bodri, Bilaspur, District - Bilaspur, Chhattisgarh.
3. Secretary Chhattisgarh Public Service Commission, Shankar Nagar,
Raipur, District : Raipur, Chhattisgarh
4. Controller of Examination Chhattisgarh Public Service Commission
Shankar Nagar Raipur District Raipur, Chhattisgarh. --- Respondents
WPC No. 2428 of 2019
Sarika Nande D/o Shri Jagdish Nande Aged About 24 Years R/o
Jashpurnagar, District Jashpur Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through the Principal Secretary, Ministry of Law
and Legislative Affairs, Mantralaya, Naya Raipur., District : Raipur,
Chhattisgarh
2. Chhattisgarh Public Service Commission through its Secretary,
Raipur., District : Raipur, Chhattisgarh --- Respondents
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WPC No. 2570 of 2019
Shishir Shrivastava S/o Shri Harikant Shrivastava, Aged About 28
Years R/o R - 14, Sector - I I, Avanti Vihar Colony, Telibandha, Raipur
District : Raipur, Chhattisgarh --- Petitioner
Versus
1. State of Chhattisgarh through Principal Secretary Department of Law
and Legislative Affairs, Mahanadi Bhawan, Atal Nagar, Raipur
District : Raipur, Chhattisgarh
2. State Public Service Commission through Chairman Near Bhagat
Singh Chowk, Raipur, District : Raipur, Chhattisgarh
3. Honble High Court of Chhattisgarh through Registrar General, Bodri,
Bilaspur Chhattisgarh. --- Respondents
WPC No. 2646 of 2019
Smt. Varsha Rathore W/o Shri L.N.S. Rathore Aged About 42 Years
R/o Thakur Niwash, House No. A/11 Pawan Vihar Colony, New
Rajendra Nagar, Raipur, District - Raipur, Chhattisgarh.
Petitioner
Versus
1. State of Chhattisgarh through its Secretary, Department of Law And
Legislative Affairs, Mahanadi Bhawan, Atal Nagar, Raipur, District -
Raipur Chhattisgarh.
2. High Court of Chhattisgarh through the Registrar General of High
Court of Chhattisgarh, Bilaspur District Bilaspur Chhattisgarh.
3. Chhattisgarh Public Service Commission through Its Secretary,
Shankar Nagar, Raipur, District - Raipur Chhattisgarh.
4. Controller of Examination, Chhattisgarh Public Service Commission,
Shankar Nagar, Raipur District Raipur Chhattisgarh. --- Respondents
WPC No. 2755 of 2019
Nushrat Tahsin Quadri D/o Mukhtar Ahmed Quadri Aged About 32
Years Res - Punchwati Gali, Jarhagarh, Mahamaya Road,
Ambikapur, District : Surguja (Ambikapur), Chhattisgarh
--- Petitioner
Versus
1. State of Chhattisgarh through Secretary, Ministry of Law and
Legislative Affairs Department, Mantralaya, Mahanadi Bhawan, Naya
Raipur, District : Raipur, Chhattisgarh
2. Chhattisgarh Public Service Commission through its Secretary,
Chhattisgarh. --- Respondents
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Presence :
Mr. B.P. Sharma, Mr. Rakesh Pandey, Mr. Shakti Raj Sinha, Mr. Vaibhav
Shukla, Mrs. Astha Shukla, Mr. Shobhit Mishra, Mr. Amit Chaki, Mr. Naveen
Nirala, counsel for the respective petitioners as also Ms. Priyamvada Singh,
petitioner in person.
Mr. Alok Bakshi, Additional Advocate General, for the State.
Mr. Rajeev Shrivastava, counsel for the respondent/High Court of
Chhattisgarh.
Mr. Ashish Shrivastava, Mr. Vivek Sharma, counsel for the Chhattisgarh
Public Service Commission.
HON'BLE SHRI JUSTICE GOUTAM BHADURI
CAV JUDGMENT/ORDER
1. The challenge made in this batch of petitions is to the result dated
02.07.2019 in respect of the on-line preliminary written examination
conducted on 07th May, 2019 for the post Civil Judge (Entry Level) by
the Chhattisgarh State Public Service Commission, Raipur.
2. The predominant common prayer made by the petitioners are to
quash the result of written examination of Civil Judge (Entry Level)
Exam.2019 and further again publish the correct model key question
and answers and thereafter evaluate the answer sheets and
accordingly allot the marks obtained by the petitioners. Since the facts
and issues involved in all the petitions relate to the subject of law and
questions/answers of the on-line written examination held on
07.05.2019, the petitions were heard together and are decided by this
common order.
3. The facts of this case are that the respondent Chhattisgarh Public
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Service Commission conducted the on-line written examination on
07th May, 2019 for the post of Civil Judge (Entry level) Examination
2019. The advertisement was published in February, 2019 for
conducting examination to the vacant sanctioned posts of Civil
Judges. The written examination was held on 07.05.2019. Various
prospecting candidates appeared in the examination and thereafter,
the model key answers were published on 08.05.2019 along-with
answers opted by the respective examinees. The memo was also
published inviting objections by on-line. The on-line objections were
received by the respondent/Chhattisgarh Public Service Commission
with respect to the questions and answers too and it was placed
before the Special Expert Committee for consideration and the final
amended model key answer sheets were published on 22.06.2019.
The publication made in subject also states that the model key
answer sheets would be final and the evaluation and allotment of
marks would be done on the basis of amended model key answers.
The petitioners contended that after publication of the amended
model key answer, out of 100 questions, more than 30 questions
were apparently found wrong as they contain certain defects of
incorrect answers and wrong phraseology including spelling mistakes
in questions and answers and there has also been variance between
the English and Hindi versions of question & answers. The
petitioners contend that they had answered/ chosen correct answers
and due to wrong deletion of some questions/answers, based on
objections they received equal distribution of marks but individually
correct answers were given. So those students deprived of full marks
whereby their merit was brought down. It is stated that such incorrect
evaluation resulted into wrong allotment of marks, consequently
petitioners have prayed for quashing the entire result of written
examination of Civil Judge (Entry Level) Examination 2019 and
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sought for consequential reliefs.
4. It is the case of the Chhattisgarh Public Service Commission that the
petitioners without tallying and comparing the questions with the Set
'A' of PSC which was published have drawn a presumption that the
model answers published on 22.06.2019 are incorrect. It is further
stated that after the examination was conducted, the model answers
were published on 08.05.2019 and after the objections having been
received within the stipulated period, the same were decided. It is
stated that few of the questions/answers were never objected except
3 questions which were numbered as 8, 38 & 40. It is stated that the
said objections were dealt with and after assessment made by the 3
Experts Committee consisting of Senior Addl. District Judges, the
objections were rejected by the Committee. It is further submitted
that there were 100 questions in Civil Judge (Entry Level)
Examination 2019 and the first model answer was issued on
08.05.2019 calling upon objections and approximately 157 candidates
have raised objections with regard to 49 questions and answers.
Thereafter, the Experts Committee was constituted to scrutinize and
decide the objections raised by the candidates and the Committee
after assessment and scrutiny of papers proposed to delete 12
questions/answers i.e.,question Nos. 1, 16, 28, 45, 47, 52, 61, 78,
81, 93, 96 & 97 (of Set-A). It is further stated that on account of
reasons mentioned in the note sheets prepared against those
questions and answers, primarily in both the versions i.e., English and
Hindi either the questions were vague or suggested answers were
not correct or none of the suggested answers were correct, therefore,
those questions were dropped.
5. It further stated that the expert Committee ultimately suggested and
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amended the correct answers to question No.22, 41, 99 & 100 in total
4 and accordingly final amended model answers were published on
22.06.2019 thereby 12 questions were deleted on the basis of
recommendation of the Expert Committee. It is stated that 12
questions were deleted for all the candidates who had appeared in
the examination, thereby no prejudice is caused to any particular
candidate as the marks for one deleted question was distributed to
the ratio of 1.2195 to all the examinees. He further submitted that in
respect of the other questions, no objections were made. It is
contended that as per the usual practice, the question papers were
evaluated as per Set 'A' and questions and answers were further
shuffled to maintain the confidentiality and to avoid uniformity in the
question/ answers so as to prevent the malpractice of copying and
symmetry amongst the candidates. It is contended that thereafter
Set 'A' of question papers was published by the CGPSC thereby the
question papers of different candidates/ petitioners would have a
different distinct serial number. consequently no prejudice would
have been caused to any of the petitioner.
6. Learned counsel for the PSC would further submit that separate
identification (ID) was given to each participant and they can down-
load the question papers and those papers can be tallied with the key
answers which is at the left and every question has a separate ID.
Therefore, shuffling of questions would not make any difference.
Referring to a few of the answer sheets of petitioner Kumar Saurav, it
was stated that out of 100 questions, the correct answers were made
of 64 questions and the mistakes were of 36. However, for the
deleted questions he was also given the mark. Referring to case law
laid down in (2018) 8 SCC 81 it is further submitted that as per the
procedure laid down by the Supreme Court, the objections to the
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questions have been dealt with. He further submits that once the
objection has been dealt with by the Expert Committee, it cannot be
challenged before this Court.
7. It is further submitted that as many as total 4681 candidates have
appeared in the examination and out of that, 427 candidates were
chosen and before this Court only 8 candidates i.e., petitioners have
objected and the objections would relate to only 9 questions. It is
stated that 3 petitioners have not objected namely Chhabi Lal Sahu,
Nushrat Tahsin Quadr and Priyamvada Singh therefore, even if the
questions were not objected by those persons they are before this
Court. It is stated that the question papers published by the PSC in
set 'A', the objections having been invited, 157 persons objected to
total 49 questions and out of 49 questions, 12 were deleted by the
expert Committee, thereby 37 questions remain undecided. He
stated that in 4 questions, answers were corrected and the options
were with questions bearing no. 22, 41, 99 & 100 whereas 33
questions were found not required to be corrected. Referring to
further answers, it is stated that for Model Answer 'A', few of the
questions were objected on the ground that there are differences
between English and Hindi version, however, the expert committee
did not find appropriate to delete the same. It is stated that the same
cannot be subject of question.
8. Referring to the case laws reported in (2018) 7 SCC 254 (U.P. Public
Service Commission v. Rahul Singh) (2018) 8 SCC 81 (Richal Vs.
Rajasthan Public Service Commission); (2018) 2 SCC 357 (Ran
Vijay Singh V. State of Uttar Pradesh) and (2018) 15 SCC 796
(Union Public Service Commission Vs. M. Sathiya Priya) learned
counsel would further submit that the precedents of Supreme Court
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would show that interference in the matters of academic nature
should not be made as has been laid down by the Supreme Court
and would submit that the decision of expert in a field would bind the
court and the challenge can be made on a very limited ground and
the opinion of the expert has to be given due weight. It is further
stated that no error can be found with the answer of the Expert
Committee and the questions which have been deleted, the
redistribution of marks with respect to the deleted questions cannot
be said to be arbitrary or irrational and all the candidates at large
have been benefited by redistribution of marks. Learned Counsel
would further submit that it was not permissible for the Court to
examine the question paper and the answer sheets itself when the
PSC has assessed the inter-se merit of the candidates and if there is
discrepancy in framing the questions or evaluation of the answers it
would be for all the candidates, therefore, no prejudice is to have
been caused to anyone. Consequently, the instant petitions have no
merit and are liable to be dismissed.
9. Learned counsel for the petitioners would submit that after the final
model answer was released on 22.06.2019, 12 questions were
deleted from 100 questions, which made the remaining questions to
be 88 and since 12 questions were deleted, the marks of 12
questions were distributed in 88 questions in the ratio of 1.2195. It is
stated that out of the said 88 model questions, 23 questions were still
wrong. It is further contended that merging of 12 marks in 88 marks
would also not be correct as few of the questions which were deleted
had the correct answers, therefore, in the examination of the like
nature, few of the questions which draws a line of distinction between
the merit and general were diluted.
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10. Referring to the model answer sheets, counsel for the petitioners
would submit there has been serious variance in English and Hindi
versions. Consequently, it cannot be expected that the candidates will
read both the questions of Hindi & English and draw a presumption. It
is further submitted that the Expert Committee selected only 12
questions to be defective and deliberately left the other faulty
questions/answers to bring it out from the corners of the re-
examinations as the notification purports that if there is a defect in
more than 20% of the questions, then it would result into re-
examination. Therefore, it is contended that the Expert Committee
has acted arbitrarily and without application of mind.
11. Further it is submitted that different sets of papers though were
distributed to different candidates, the shuffling in questions was
allowed but shuffling of answers were not allowed but was done. In
the result, when the answers were tallied with the model answers
because the questions were shuffled and the answers were not
shuffled, the incorrect evaluation has been done. While advancing the
said arguments, the petitioners referred to different question numbers
and would submit that if the answer no.4 is correct in a certain
question but the question is shuffled, the answer would be different
from the question. It is further stated that when the translation is
wrong about the English and Hindi questions, it would be the mistake
of translator and the entire questions would be wrong consequently
the candidate who has answered such question(s) on the
presumption would be at the disadvantageous stage. It is further
submitted that few of the candidates have raised limited objections
towards questions for the reason that for every objection, charge of
Rs.50/- is collected and if the objections are made to 70 questions,
the amount would be of Rs.3500/- which would be more than that of
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examination fee. It is further submitted that raising objection cannot
be sin quonan for correctness of a question and it's answer.
12. With respect to the deleted 12 questions, one of the petitioners would
submit that out of 12 questions, 10 were correctly answered and
wrong deletions have been made by the Expert Committee though
the questions and answers were correct, therefore, that number as
against the person who has wrongly answered would be a gainer for
the wrong and it would be a wrong procedure adopted in a
competitive examination. Referring to a case law reported in (2018) 8
SCC Pg. 81 (supra), it is further submitted that the Supreme Court
has supported the equal distribution of the number when the
questions are wrong. But in case the right questions/answers are
deleted and equal marks are given in lieu of deletion of such
questions/answers, it would a further wrong. Learned counsel further
referred to different questions and would submit that the objections
though were raised, it has been wrongly dealt with and the Expert
Committee also failed to discharge its obligation and has cursorily
done the job which is completely illegal and has an eventual affect of
legal right.
13. I have heard learned counsel for the parties. During the course of
hearing, the question papers of English version and Hindi versions
were placed for perusal. In order to appreciate the nature of questions
& answers including the questions which are deleted, the questions
which are subject of issue have been identified and separately taken
out. For the purpose of identification and verification for English
version, the participants ID 1903104434 is considered and for Hindi
version, participants ID 1903100713 is taken up for consideration.
There were two sets of questions in the papers. One was in English
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and the other was in Hindi. The total questions were numbering in
100 for each English and Hindi. As per the prevalent system, the on-
line written examination was conducted on computers, therefore, as is
averred while the examinee appears for the examination, it was within
their choice either to read in English or Hindi according to their
medium of language. Importantly on the Computer screen, the
English as also Hindi questions both were to appear. The candidate
who opted for English would tick mark the English answer and the
candidate who opted for Hindi would choose the Hindi answer.
Therefore, the candidate would have both the English and Hindi
questions on his computer screen. These facts are being discussed
for the reason that a candidate has a limited time of 2 hours.
Therefore, naturally the candidates who have opted the English
medium will read 100 questions of English and similarly the Hindi
opted candidates would read 100 questions within the period of two
hours. Meaning thereby the candidates are not expected to read both
English and Hindi questions simultaneously within the limited time, as
otherwise, it would make the number of questions to be 200. With
such back ground the questions and answers are being considered.
14. This Court cannot over-look and sideline the pattern of examination
as the examination was to choose a competent Civil Judge i.e.,
Judicial Officer. The Supreme Court while evaluating the gravity of
Judicial Officer's Post has drawn a line of distinction between a
general candidate of selection other than that for a Judge. In a recent
decision rendered in Civil Appeal No. 7306/2019 (Shri Rang
Wagmare vs. State of Maharashtra) decided on 16.09.2019 the
Supreme Court has held that the Judges must remember that they
are not merely employees but hold the public office. In the said case,
reiterating the observations made in R.C. Chandel Vs. High Court
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of Madhya Pradesh (2012) 8 SCC 58 the Supreme Court has
further held that the standard of conduct expected of a Judge is much
higher than that of an ordinary person. The observations made in
R.C. Chandel V. High Court of M.P. (supra) at Para 37 would be
relevant here and quoted below :
"37. Judicial Service is not an ordinary
government service and the judges are not employees
as such judges hold the public office; their function is
one of the essential functions of the State. In discharge
of their functions and duties, the Judges represent the
State. The Office that a judge holds is an office of public
trust. A judge must be a person of impeccable integrity
and impeachable independence. He must be honest to
the core with high moral values. When a litigant enters
the courtroom, he must feel secure that judge before
whom his matter has come, would deliver justice
impartially and uninfluenced by any consideration. The
Standard of conduct expected of a Judge is much higher
than an ordinary man. This is no excuse that since the
standards in the society have fallen, the Judges who are
drawn from the Society cannot be expected to have high
standards and ethical firmness required of a judge. A
Judge like Caesar's wife must be above suspicion. The
credibility of the judicial system is dependent upon the
Judges who man it. For a democracy to thrive and rule
of law to survive, judicial system and the judicial process
have to be strong and every judge must discharge his
judicial functions with integrity, impartially and
intellectual honesty".
15. In Shrirang Yadavrao Waghmare (Supra), the Court has further held
that the judge must decide the case only on the basis of facts on
records and the law applicable to the case. It categorically held that if
the judge decides a case for extraneous reasons then he is not
performing his duties in accordance with law. The said judgment
reminds time and again the value of post of a judge and the duty he
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would discharge. Therefore, considering the post for which a
candidate is to be selected, the selection process including the
examination should also stand the test of purity devoid of any
confusion deciding a fact on extraneous considerations by drawing a
presumption. This Court is also conscious of the fact that the
examination was conducted for selection of Civil Judge and after
going through the nature of questions as the same do not refer to any
serious statutory interpretation or intricate question of law, this Court
would deal to examine the question and answers including the
findings of experts on objections. It is also obvious that when the
High Court is deciding the case in respect of competitive examination,
which pertains to questions and answers for selection of a candidate
to the post of Civil Judge being of nascent stage of law, it can
certainly examine the same while adjudicating. With both the grounds
as stated herein-above, the questions and answers of the English and
Hindi both are being tested and considered. Both for English version
and Hindi version, separate IDs of participants have been referred to
maintain the secrecy and the names of candidates have not been
disclosed.
16. For the sake of brevity, to appreciate the nature of defective questions
and answers as has been argued by the petitioners, the questions
and answers along-with the Experts Report on the objections were
considered. The said questions and answers are discussed herein
below :
17. Question No.1 of English version equivalent to question no.1 of
Hindi version read as under:
Q.1 'A' schools 'Z' with intention of killing him. 'Z' dies in
consequences. 'A' is quality of
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Ans. 1. Murder
2. Culpable homicide
3. Both (A) and (B)
4. None of the above
Q.1 य' को मार डालने के आशाय से 'क' उस पर गोली चलाता है। पिरणामसवरप 'य'
मर जाता है। क दोषी है।
Ans 1. हतया
2. आपरािधक मानववध
3. (अ) और (ब) दोनो
4. उपरोक्त मे से कोई नही
The aforesaid question was deleted by the Experts. Reading
of Question No.1 would show that English version was defective as
"A schools Z" was a mistake which should have been 'A' shoots
'Z'. Then in the next sentence, the words A is quality of have been
used which should have been A is guilty of. Therefore, the question
is deleted for all the candidates. Whereas in Hindi Version, no
mistake was found. But since there was defect in English the entire
question was rightly deleted. The principle is that there cannot be
different versions of Hindi & English.
18. Question No.2 of English version equivalent to question No.2
Hindi version :
Q.1 'A' imports in to India, or exports therefrom, any counter
feit coin knowing, the same to be counter feet is, quality
under section --- of I.P.C.
Ans. 1. 236
2. 237
3. 235
4. 234
Q.2 जो कोई िकसी कूरकृत िसकके को यह जानते हु ये िक वह कूरकृत है भारत मे
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आयात करेगा वह भा.द.िव. की धारा के अंनतगर त दोषी है।
Ans 1. 234
2. 236
3. 237
4. 235
In this question, the word 'quality' has been used which should
have been 'guilty'. Then after the word 'counter' word 'feet' has been
used showing 'counter feet' in the second part which is also wrong
as it should have 'counterfeit'
Likewise, in Hindi, the word 'Kurkrit' ( कूरकृत) has been used.
Since both these questions of English and Hindi versions were having
wrong spelling and meaning, a candidate has to draw a presumption
before answering or has to read questions in both the versions to
compare which is correct. Therefore, the entire exercise to answer a
question would be against the scheme of examination. Meaning
thereby Hindi or English version of question should be correct
distinctly and be correct in isolation.
19. Question No.3 of English version equivalent to question No.3 of
Hindi version :
Q.3 Intentional omission to give information, of offence by a person
legally found to inform is dealt under section
Ans. 1. 204
2. 205
3. 202
4. 203
Q.3 इितला देने के िलए आबद व्यक्ति दक्त दारा अपराध की इितला देने का साशय
लोग िकया जाता है यह भा.द.िव. की िकस धारा अनतगर त आता है।
Ans 1. 204
2. 202
3. 205
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4. 203
In English version, the words 'legally found' have been used.
It should have been 'legally bound'. The reading of words "legally
found" in English completely changes the meaning of question.
Likewise in Hindi the words, Shashay Log ( साशय लोग) have
been used, which should have been Shashay Lop (साशय लोप ) .
The words 'Log' and 'Lop' would make entirely the different
meaning, which changes the nature of question. Therefore, for the
existing ambiguity it should have been deleted.
20. Question No.8 of English version equivalent to question No.8 of
Hindi version :
Q.8 Which kind of hurt is not a previous hurt
Ans. 1. Disfiguration of head of face.
2. Emasculation
3. Privation of any member of joint..
4. Fracture of dis location of tooth.
Q.8 कौन सी उपहित घोर उपहित नही है।
Ans 1. पुंसतव हरण
2. िसर या चेहरे का िवदपू ीकरण
3. दांत का भंग या िवसंधान
4. िकसी अंग या जोड का िवचछे द
This question itself would show that before the word hurt,
'previous' has been used showing 'previous hurt'. But according to
the correct question, it should have been 'grievous hurt'. The model
answers in English version shows that the answer at serial No.1 i.e.,
"disfiguration of the head of face", was held to be correct and the
Committee also held the same to be correct.
Likewise, in Hindi, at Sl. No.2 of the answer, the word
"Vidupikaran' (िवदपू ीकरण) has been used in the answer, which should
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have been "Vidrupikaran".
The Committee while deciding the objection on such
question/answer held that since the word 'permanent' has not been
used in the answer, the "disfiguration of head of face" is correct,
as such, over ruled the objection on that ground.
Section 320 of IPC, sixthly explanation shows what is
"Permanent disfiguration of the head or face". Therefore, the
meaning of words "disfiguration of head of face" would completely
change the nature of answer when the word 'of' is used instead of
'or'. In oder to answer this question, a candidate has to draw a
presumption of his own inference according to his own choice, which
is the last resort to be adopted by a Judge to draw his own
presumption. In the background of the discussion, the Expert
Committee committed a wrong to over-rule the objection. Therefore,
the questions being wrong should have been dropped.
21. Question No.9 of English equivalent to Question no.9 of Hindi
version :
Q.9 Whoever, wages waragainst the Government of India or
attemptes to wage such wor shall be punished with.
Ans 1. Imprisionment up to10 year with fine.
2. Imprisionment up to 7 year with fine
3. Imprisionment up to 14 years with fine.
4. Death or imprisionment of life with fine.
Q.9 जो कोई भारत सरकार के िवरद युद करेगा युद करने का प्रयक्तत करेगा,
दणडनीय होगा
Ans 1. 10 वषर तक के कारावास एवं जुमारना
2. मृतयु अथवा आजीवन कारावास एवं जुमारना
3. 14 वषर तक के कारावास एवं जुमारना
4. 7 वषर तक के कारावास एवं जुमारना
In English version, the words "wages waragainst" have been
19
used and in the later part, the words "such wor" have been used after
the word wage, thereby again a presumption has to be drawn.
The objection was raised to this question. However, the
Experts Committee has found that both the English and Hindi
versions do not have any difference, therefore, the objection was over
ruled, but in order to understand the question, the presumption has to
be drawn by the candidate. The expert committee made a mistake to
drop the objection. If to answer the issue an ensuing judge has to
draw a presumption then it would be a wrong at the inception.
22 Question No.10 of English version equivalent to question No.14
of Hindi version :
Q.10 A lets a house to B at yearly rent of RS 12000/-. The rent
for the whole of the years 2015, 2016 and 2017 is due and
unpaid. A sues B in 2018 only for the rent due for the year
2016. Whether A can after wards sue for the rent due for
the year of 2015 and 2017?
Ans 1. Yes
2. No
3. If he shows good cause
4. None of the above
Q.14 क एक घर ख को 12000\ वािषर क भाटक के पटे पर देता है। वषर 2015,
2016 और 2017 इन सभी पूरे वणो ं का भाटक शोधय है और िदया नही गया
है। क सन 2018 मे ख पर केवल वषर 2016 के शोधय भाटक के िलए वाद
पसतुत करता है। कया क पश्चावर्ती पकम पर वषर 2015 एवं 2017 के शोधय
भाटक के िलए वाद ला सकता है।
Ans 1. हॉ
2. नही
3. यिद वह उिचत कारण दिशर त करता है
4. उपरोक मे से कोई नही
On reading of the question, the English version appears to be correct
whereas in Hindi version, the words 'Pure Varno' (पूरे वणो ं) have been
used but it should have been 'Varsho" (o"kksaZ). The word 'Varno' (वणो ं)
20
changes the complete meaning. Therefore, applying the different
meaning in both the versions i.e., English & Hindi, the question itself
should have been dropped.
23. Question No.11 of English version equivalent to question No.16
of Hindi version :
Q.11 'A' shakes his fist at z, intending or knowing it to be
likely that he may thereby caus z to believe that 'A' is
about to strike 2, A has. -
Ans 1. Commilted force
2. Commilted Assault
3. Commilted gave provacotion
4. None of the above
Q.16 य पर अपना मुकका क इस आशाय से यह संभावय जानते हु ये िहलाता है िक
उसके दारा य को यह ि दवर्श्वास हो जाये िक क, य को मारने वाला ही है। क
ने
Ans 1. बल पयोग िकया है
2. हमला िकया है
3. गंभीर पकोपन िकया है
4. उपरोक्त मे से कोई नही
In the first part of the sentence, after 'A', the word 'shakes' has
been wrongly used instead of the word 'strikes' and in the second part
of the line, after the word strike, '2' has been used instead of 'Z'.
Therefore, two deficiencies appear in the question.
Likewise, in Hindi version, the word 'Aashay' (आशाय) has been
used in the first part of sentence which is wrong and then after the
word 'Hue' (हु ये) the words 'Hilata Hein' (िहलाता है) have been used
which completely change the meaning. Whereas as compared to
English, in the last line 'Ka' & 'Ya' have been used which is correct as
against the English wherein after the word 'strike' digit 2 was used
instead of 'Z'. Therefore, the candidate had to read both the English
21
and Hindi versions and compare the questions and thereafter had to
draw a presumption to answer. The analogy would be that though a
candidate is required to attempt 100 questions in 3 hours, but to
compare the correctness he has to read 200 questions in 3 hours.
The normal presumption would be that if a candidate has attended for
Hindi option, he would not be expert in English vis a vis if a candidate
has attended English paper he cannot be presumed to be expert or
in know of of Hindi vocabulary.
24. Question No.12 of English version equivalent to question No.13
of Hindi version :
Q.12 Principle of Res-judicata does not apply to.-
Ans 1. Suits.
2. Execution of decree.
3. Arbitration proceeding.
4. All the above
Q.13 पाण नयास का िसदांत िकस पर पयोजय नही है।
Ans 1 वाद पर
2. िडकी के िनषपादन कायर वाही पर
3. माधयसथम कायर वािहयो पर
4. उपरोक सभी
The entire question in English and Hindi was deleted as the
answer was not possible. The decision of the Expert Committee for
deleting the question on objection appears to be correct.
25. Question No. 15 of English version equivalent to question No. 10
of Hindi version :
Q.15 Where a person commits a public nuisance -
Ans 1. He is liable to criminal prosecution under I.P.C.
2. Suit may be filed against him under sec 91 of civil
procedure code.
3. Suit for damages may be filed against him.
22
4. All the above
Q.10 जब कोई वयिक लोग नयूसेनस करता है
Ans 1. वह भा.द.स. के अनतगर त आपरािधक अिभयोजन के िलए उतरदायी है
2. िसिवल पिकया संिहता की धारा 91 के अनतगर त उसके िवरद वाद लाया जा
सकता है
3. उसके िवरद कितपूितर का वाद लाया जा सकता है
4. उपरोक सभी
In Hindi version, the words 'Log Nuisance' (लोग नयूसेनस) have
been used whereas it should have been 'Lok', (लोक) therefore, the
words 'Log nuisance' (लोग नयूसेनस) change the complete meaning of
the question. The question/answers of English version was correct as
a whole whereas the Hindi version was wrong. Though the objection
was made to this question, the Expert Committee over ruled it.
Consequently, a candidate who appeared in Hindi has to read the
English version apart from Hindi to understand the question.
Therefore, the objection, as has been over ruled by the Expert
Committee, does not seem to be justified for the candidates of the
Hindi version. Therefore as discussed above, the entire question
should have been dropped.
26. Question No. 16 of English version equivalent to question No. 12
of Hindi version :
Q.16 Sec 96 of civil procedure code applies to oppeal from -
Ans 1. Against injcution order
2. Original Decree
3. Restoration order under - order 9 rule 13
4. None of the above
Q.12 िसिवल पिकया संिहता की धारा 96 अपील मे लागू होती है
Ans 1. िनषेधाजा आदेश के िवरद
2. मूल िडकी
3. आदेश 9 िनयम 13 के अंनतगर त पुनरसथापना आदेश
23
4. उपरोक्त मे से कोई नही
In this question, the entire objection was over ruled by the
Expert Committee. The same appears to be correct as section 96 of
CPC pertains to appeal from original decree. Therefore, the finding of
the expert committee was correct.
27. Question No. 19 of English version equivalent to question No. 20
of Hindi version :
Q.19 When police may arrest without warrant.
Ans 1. Who commits, in the presence of police officer a
cognizable offence.
2. Who has been proclaimed as on offendev by state
government.
3. Both (A) and (B)
4. None of the above
Q.20 पुिलस वारनट के िबना कब िगरफतार कर सकती है।
Ans 1. जो िकसी पुिलस अिधकारी की उपिसथित मे संजेय अपराध कािरत
करता है
2. जो राजय सरकार दारा अपराधी उद्घोषिषित िकया जा चुका है
3. (अ) और (ब) दोनो
4. उपरोक्त मे से कोई नही
In this question of English version, at option no.2 of the answer
, the words "proclaimed as on offendev" have been used. Therefore,
there exists a spelling mistake. On objection being made to the
answer of this question, the same was over ruled by the Committee,
which also appears to be not correct. The committee however did not
go through the fact that the word 'offender' has been used as
'offendev'. So to answer the same, a candidate has to draw
presumption. The change of word changes the entire meaning of the
answer. The word 'offendev' is not synonym to the word 'offender'.
24
The expert committee has dropped the entire question.
28. Question No. 22 of English version equivalent to question No. 22
of Hindi version :
Q.22 Under which section of Cr.P.C Assistant Public
prosecutor is appionted by the Government.
Ans 1. Section 24
2. Section 26
3. Section 29
4. Section 25
Q.22 द.प.स. की िकस धारा के अनतगर त शासन दारा सहायक लोक अिभयोजक
की ि दनियक्तुक्ति दक्त की जाती है।
Ans 1. धारा 24
2. धारा 26
3. धारा 25
4. धारा 29
The objection has been correctly decided by the Expert
Committee as section 25 of Cr.P.C., is said to be correct.
29. Question No. 26 of English version equivalent to question No. 28
of Hindi version
Q.26 Who is not competent to pass an order under section
106 Cr.P.C. to take security. For keeping the peace on
conviction.
Ans 1. Chief judicial magistrate
2. Executive magistrate
3. Additional session judge
4. Judicial megistrate first class
Q.28 धारा 106 द.प.स. के अनतगर त दोषिसिद पर पिरशािनत कायम करने हेतु कौन
सकम नही है।
Ans 1. अपर सतनयायाधीश
25
2. मुखय नयाियक रिजसटर ार
3. नयाियक मिजसटर ेट पथम शेणी
4. कायर वािहक रिजसटर ार
Since there was ambiguity in the answers of Hindi version as
against the English answers as the words 'Mukhya Nyayik Registrar'
(मुखय नयाियक रिजसटर ार) at option No.2 and "Karyavahik Registrar"
(कायर वािहक रिजसटर ार) at option no.4 have wrongly been used, this
question of Hindi was ignored for all the candidates whereas the
question of English version would show no mistake in the options of
answers about the description of the Court to choose the right
answer. However, this has been deleted for all the candidates, and
therefore, rightly deleted.
30. Question No. 27 of English version equivalent to question No. 29
of Hindi version :
Q.27 Power of court to convert summons case in to warrant
case is provided under.
Ans 1. Section 301 Cr.P.C.
2. Section 322 Cr.P.C.
3. Section 302 Cr.P.C.
4. Section 259 Cr.P.C.
Q.29 समनस मामले का वारनट मामले मे पिरवतर न करने की शक्ति दक्त द.प.स. के
िकस पावधान मे है।
Ans 1. धारा 322 द.प.स.
2. धारा 301 द.प.स.
3. धारा 302 द.प.स.
4. धारा 259 द.प.स.
This question of Hindi has been compared with English. On
comparison, it shows that the words "Power of Court" though
appeared in English question but have not been used in Hindi
version, therefore, it has changed the entire meaning of question in
26
Hindi. Though it is not objected but as compared to the English, the
question of Hindi is defective when the marks of Hindi question is
rated against the English. To understand the question in Hindi, the
candidate had to turn back to read English. Therefore, applying the
similar analogy as discussed above, the entire question should have
been dropped.
31. Question No.29 of English version equivalent to question No.25
of Hindi version :
Q.29 When any person has reason to believe that be may be
arrested on an accusation of having commited a non
bailable offence he may apply for anticipatory bail under.
Ans 1. Section 436 Cr.P.C.
2. Section 439 Cr.P.C.
3. Section 438 Cr.P.C.
4. Section 437 Cr.P.C.
Q.25 जब िकसी व्यक्ति दक्त को यह ि दवर्श्वास करने का कारण है िक उसको िकसी
अजमानतीय अपराध के अिभयोग मे िगरफतार िकया जा सकता है अिगम
जमानत हेते आवेदन कर सकत है अनतगर त -
Ans 1. धारा 439 द.प.स.
2. धारा 437 द.प.स.
3. धारा 438 द.प.स.
4. धारा 436 द.प.स.
The English version would show that the word 'be' has been
used after the words 'believe that' instead of 'he'. Likewise, in Hindi
phraseology "Aavedan Kar Sakat Hein" (आवेदन कर सकत है), the word
'Sakat' (सकत) has been used instead of 'Sakata' (सकता). The absence
of word, 'he' in English creates confusion as who is to be arrested
whether the stranger or a concerned person. Further, in Hindi, the
spelling of word 'Sakat' (सकत) changes the nature of meaning. Since
27
there is a difference and ambiguity, the entire question should have
been dropped.
32. Question No. 31 of English version equivalent to question No.
36 of Hindi version :
Q.31 A desires, a court to give judgement that he is entitled to
certain land in the possession of B or basis of certain facts.
Which 'B' denies to be true under section 101 of evidence
Act-.
Ans 1. A can not prove the existence of those facts
2. A need not prove the existence of those facts
3. A must prove the existence of those facts
4. None of the above
Q.36 'A' चाहता है िक नयायालय ऐसा िनणर य दे िक वह एक िनिशचत भूिम का
अिधकारी कुछ तथयो के आधार पर है, जो िक 'ब' के कबजे मे है, 'ब' इन
तथयो से इंकार करता है धारा 101 साकय अिधिनयम के अनतगर त
Ans 1. A' उन तथयो को सािबत नही कर सकता है
2. A' को उन तथयो को सािबत करने की आवशयकता नही है
3. A' को उन तथयो को सािबत करना जररी है
4. इनमे से कोई नही
In English, the word 'or' has been used after the phrase "in the
possession of B " whereas it should have been 'on'. If the word 'or' is
read as correct, then it changes the entire meaning of the question.
This question too should have been deleted.
33. Question No.32 of English version equivalent to question no.31
of Hindi version :
Q.32 When court is to form an opinion regarding electronic
signature then opinion of certifiying officer who issused
electronic signature is.
Ans 1. Not admissible in Evidence
2. Is relevent
3. Not relevent
4. None of the above
28
Q.31 जब नयायालय को िकसी वयिक के इलेकटर ािनक हसताकरो के बारे मे राय बनानी
हो, तब पमािणकतार अिधकारी की राय, िजसने इलेकटर ािनक हसताकर जारी िकये
हो --
Ans 1. साकय से गाह नही है
2. सुसंगत तथय है
3. सुसंगत तथय नही है
4. इनमे से कोई सही नही है
In English, the word 'is' has been used both at the ending of
the question and at the beginning of the answer at Serial No.2. As
such, the answer would be 'is is relevant' which is also a wrong
framing of the answer as it creates confusion whereas in Hindi
version, there is no ambiguity in the question and answer. Since
there is difference in framing of English words, one has to read the
Hindi version and therefore the entire question should be dropped.
This fact cannot be ignored that the examination was conducted to
select the Civil Judge of lower division.
34. Question No.33 of English version equivalent to Question No. 33
of Hindi version :
.
Q.33 Relevent facts to consider a statement under section 32 of Evidence Act, are Ans 1. When if relates to cause of death
2. When it relaies to existence of relationsship
3. When it is made in will or in deed relating to faimily affair.
4. All the above Q.33 िकसी कथन को धारा 32 साकय अिधिनयम के अंनतगर त सुसंगत मानने के आवशयक तथय है ।
Ans 1. जब िक वह मृतयु के कारण से संबंिधत है
2. जबिक वह नातेदारी के अिसतव के संबंध मे है 29
3. जबिक वह कौटु िमबक बातो से संबंिधत िवलया िवलेख मे िकये गये है
4. उपरोक्त सभी In English version, at answer No.2, the phraseology "when it relaies to" has been used. There exists a spelling mistake in the word 'relaies'. It should have been 'relates', which makes the answer meaningful. In order to pick up the correct answer the examinee has to read Hindi version apart from English as the removal of word 'relates' changes the complete meaning. This question should also have been deleted.
35. Question No. 35 of English version equivalent to question No. 35 of Hindi version Q.35 'A' is tried for murder of 'B' intensely beating him with a club causing his death, which of the following facts are is issue. Ans 1. A's beating 'B' with club.
2. A's causing B's death by such breating
3. A's intention to cause B's death.
4. All the above Q.35 'क' का 'ख' की हतया के िलये िवचारण िकया जाता है िक 'क' जानबूझकर डंडे से 'ख' को इतना पीटता है िक उससे 'ख' की मृतयु हो जाती है ि दनिम मे से कौन िववाधक तथय है Ans 1. क' के दारा 'ख' को डंडे से पीटा जाना
2. क' दारा इस पकार पीटने से ख की मृतयु होना
3. ख' की मृतयु कािरत करने का 'क' का आशय
4. उपरोक्त सभी In the first part of the question, the word 'intensely' has wrongly been used after 'B' and in the second line the word 'is' has wrongly been used in the phraseology "which of the following facts are is issue". It should have been "are in issue" The replacement of word 30 'in' by 'is' changes the complete meaning of the question. Hence for the reason stated hereinabove, the entire question should have been deleted.
36. Question No.36 of English version equivalent to question No.34 of Hindi version :
Q.36 When any faet is especially with in the knowledge of accused, the furden of proving that fact is upon.
Ans 1. Accused
2. Prosecution
3. Either accused or prosecution
4. None of the above Q.34 जबिक िवशेषतः जात तथय अभि दभियक्तुक्तक्त की जानकारी मे है, तो उसका पमािणत करने का भार है Ans 1. अभि दभियक्तुक्तक्त पर
2. अिभयोजन पर
3. अभि दभियक्तुक्तक्त या अिभयोजन पर
4. उपरोक्त मे से कोई नही In English question, after the word 'any', the word 'faet' has wrongly been used. It should have been 'fact'. Likewise, in the second part, the word 'furden' has been used which should have been 'burden'. Replacing the word 'burden' by 'furden' completely changes the object of the question. Accordingly, this question should have been deleted.
37. Question No.38 of English version equivalent to question No. 37 of Hindi version :
Q.38 Queen V Abdulla (1885) ALL 385 case Law is related to. Ans 1. Conduct
2. Prepration 31
3. Motive
4. Consequences Q.37 नयायदषांत क्वर्ीनि िव. अवदल ु ाह (1185) एला. 385 संबंिधत है Ans 1. तैयारी
2. हेतुक
3. पिरणाम
4. आचरण In English, after the word 'Abdulla' the year '(1885)' has been used whereas in Hindi the year is shown as '(1185)'. This is also wrong as both the questions which pertain to a particular year of a case law create a doubt in the minds of examinees of Hindi and English. Since there was major mistake in question, on comparison, the entire question should have been dropped.
38. Question No. 39 of English version equivalent to question No. 38 of Hindi version:
Q.39 Presumption as to dowary death is provided in -- Sec of Evidence Act.
Ans 1. Sec 113 B
2. Sec 113 A
3. Sec 111 A
4. Sec 114 A Q.38 दहेज मृतयु के बारे मे साकय अिधिनयम की िकस धारा मे पावधान िकया गया है।
Ans 1. धारा 113 क
2. धारा 113 ख
3. धारा 114 क
4. धारा 111 क In English, the word 'dowary' has been used after the words "Presumption as to". It should have been 'dowry'. Like-wise in Hindi, the words "Kis Dhara Mein Pravadhan" (िकस धारा मे पावधान िकया गया है।) 32 have been used. The meaning of word 'pravadhan' is completely wrong against the word 'presumption' used in English Version. It should have been "Updharna" (mi/kkj.kk) which means presumption.
Though the objection was made to this question, however, the Expert Committee decided to over rule the same which appears to be wrong and the entire questions should have been dropped.
39. Question No. 41 of English version equivalent to question No.42 of Hindi version:
Q.41 Whether following document are public documents. Ans 1. Relating to acts or records of ads of the sovereign authority
2. Public record kept in. State of private documents
3. Both (A) and (B)
4. None of the above Q.42 कया ि दनिम दसतावेज लोक दसतावेज है।
Ans 1. पभुता संपन अिधकारी के कायो ं या कायो के अिभलेख से संबंिधत
2. िकसी राजय मे रखे गये पायवेट दसतावेजो के लोक अिभलेख
3. (अ) और (ब) दोनो
4. उपरोक्त मे से कोई नही In English answer at option 1, after the words 'records of', the word 'ads' has been used which should have been acts. By using the word 'ads' instead of 'acts', it changes the complete meaning of the answer. Though the objection was raised, but the Expert Committee did not go into it and only confined to the answer at Sl. no.3 that Both 'a' and 'b' are correct but failed to take notice of the fact that the word 'ads' instead of 'act' has been used which has changed the complete meaning. Therefore the question should have been dropped.33
40. Question No. 42 of English version equivalent to question No.45 of Hindi version:
Q.42 A owes B Rs 1000/- but the debt is barred by the Limitation Act. A signs a written promise to pay B Rs 500/- on account of debt.
Ans 1. This is not a contract
2. This is a contract
3. Either A or B
4. None of these Q.45 B, A को 1000 र. देता है लेिकन यह कजर पिरसीमा अिधिनयम के अनतगर त अविध वािधत हो जाता है इस कजर के एवज मे A, B को 500 र. देने का िलिखत आश्वासनि देता है।
Ans 1. यह कोई सिवदा नही है
2. यह एक सिवदा है
3. या तो अ या ब
4. इनमे से कोई नही The objection was raised to the answer. The Expert Committee came to a conclusion that promise to pay a time barred debt will not constitute a contract and came to a conclusion that it is not a contract whereas the model answer shows that it was a contract. On this point, section 25(3) of the Contract Act would be relevant which provides that a promise to pay a time barred debt creates a contract whereas the Expert committee came to a conclusion that since the debt was barred by time, the same cannot be acknowledged under section 18 of the Limitation Act. The Expert Committee failed to evaluate the provisions of section 25(3) of the Contract Act and various laws laid down including the law laid down by the Chhattisgarh High Court reported in AIR 2015 Chhattisgarh 15.
Therefore, the question which the candidates who have answered 34 that "this is a contract" was correct but the Expert Committee accepted the objection by holding that it is only an offer and contract is not complete and recommended for correction of the answer. Consequently the examinees who had correctly answered the question were put at a loss as the Expert Committee failed to evaluate the correct answer and wrong answer was proposed to be amended. Thereby the competitive intelligence of a candidate was diluted and wrong evaluation was affected.
41. Question No. 43 of English version equivalent to question No. 43 of Hindi version :
Q.43 In order to convert a proposal into a promise the acceptance must Ans 1. Be absolute and qualified
2. Be expressed in some usual and reasonable manner
3. Both (A) and (B)
4. None of the above Q.43 पसथापना को वचन मे संपिरवितर त करने के िलये पित गहण Ans 1. आतयािनतक और अिवशेिषत होना चािहये
2. िकसी पियक और यक्तुक्ति दक्त यक्तुक्तक्त पकार से अभि दभिव्यक्तक्त होना चािहये
3. (अ) और (ब) दोनो
4. उपरोक्त मे से कोई नही This question rightly appears to be deleted.
42. Question No.45 of English version equivalent to question No. 44 of Hindi version :
Q.45 A employes b to beat C and agree to indemnify him against all consequences of the Act. B there upon beats C and pays damages to C for so doing.-
Ans 1. A is liable to indennify B for these dameges 35
2. A is partially liable to indemnify to those dameges
3. A is not liable to indemnify B for these damages
4. None of these Q. 44 ए', 'सी' को पीटने के िलए िनयुक करता है तथा यह करार करता है िक इससे होने वाली िकसी भी आपितयो को वह संभाल लेगा। 'बी', 'सी' को पीट देता है और ऐसा करने के िलये सी को हजारना देता है।
Ans 1. ए, बी दारा िदये हजारने के िलये दाियतवाधीन है
2. ए, बी दारा िदये हजारने के िलये आं िशक रप से दाियतवाधीन है
3. ए, बी दारा िदये गये हजारने के िलये दाियतवाधीन नही है
4. इनमे से कोई नही Reading of question in English would show that the English is correct. When the Hindi question is compared with the English question, it shows that after the word 'A' C Ko Peetne Keliye, Niyukt Karta Hein, (ए', 'सी' को पीटने के िलए िनयुक करता है) but the word 'B' is missing. Meaning thereby it changes the complete complexity of the question since the appointment of 'B' has been omitted. Then in the second line the words "Kisi Bhi, Apattiyon Ko Wah Sambhal Lega"
(िकसी भी आपितयो को वह संभाल लेगा।). The use of word 'Aapattiyon' (आपितयो) changes the complexity of Hindi as damages cannot be substituted for the word Apatti (आपित) 'Apatti' means problem.
Thereafter the words 'B' "C' Ko Peet Deta hein ( 'बी', 'सी' को पीट देता है ) have been used. In the first part, if the 'B' is not appointed, how the 'B' will come into existence. Therefore, the complexity of the Hindi question is completely changed. Therefore for such major ambiguity, the entire questions should have been dropped.
43. Question No.50 of English version equivalent to question No. 48 of Hindi version:36
Q.50 Fee on memorandum appeal against order relating to compensation is provided under.- Ans 1. Section 7
2. Section 8
3. Section 9
4. None of the above Q.48 पितकर संबध ं ी आदेश के िवरद अपील के जापन पर फीस के बारे मे िदया गया है।
Ans 1. धारा 7 मे
2. धारा 8 मे
3. धारा 9 मे
4. उपरोक्त मे से कोई नही On objection being raised, the entire question was dropped for the reason that both the questions in English and Hindi only section is indicated as such to answer the same is not feasible.
44. Question No. 53 of English version equivalent to question No. 54 of Hindi version:
Q.53 When a witness fails to comply with the summons --- may be issued under CG. Land revenue code Ans 1. Bilable and arrest warrant
2. To farnish security for appearance
3. Fine not exceeding Rs 1000/-
4. All of the Above Q.54 छतीसगढ भू राजसव संिहता के अंतगर त जब कोई साकी समनस तामील या अनुपालन मे चूक करता है तो उसे जारी िकया जा सकता है। Ans 1. जामनतीय या िगरफतारी वारनट
2. पितभूित देने के िलये उपसंजात होना
3. एक हजार रपये से अिधक जूमारना
4. उपरोक्त सभी s On objection being raised, the Expert Committee came to a conclusion that in Hindi, all the three options were wrong. Therefore, 37 the question was dropped, which appears to be correct.
45. Question No.57 of English version equivalent to question No. 57 of Hindi version:
Q.57 A document executed out of India can be registered if presented with in Ans 1. Six months of its arrival in India
2. One month of its arrival in India
3. Two months of its arrival in India
4. Four months of its arrival in India Q.57 भारत के बाहर िकसी दसतावेज को िनषपािदत िकया गया है यिद उसे पंजीयन के िलये पसतुत िकया जाये तो अविध है।
Ans 1. भारत मे पहु च ं ने के दो एक मे
2. भारत मे पहु च ं ने के दो चार मे
3. भारत मे पहु च ं ने के दो छह मे
4. भारत मे पहु च ं ने के दो माह मे In English except the word "with in" which has been separately used, the other part of question and answers are correct.
However, in respect of Hindi, the answers to the question completely give a different meaning.
At Sl. No.1 of the answers, the words "Bharat Me Pahunchane Ke Do Ek Mein" (भारत मे पहु च ं ने के दो एक मे) have been used . Similarly at S.No.2, the words "Do Char Mein" (दो चार मे ) have been used and at S.No.3 of the answer, the words "Do Chah Mein" (दो छह मे ) have been used. The stipulated period of registration of such document as to within how many days, how many months or years was not clearly mentioned at Answers 1, 2 & 3. However, at option no.4, the answer has been shown as "Bharat Mein Pahunchane Ke Do Mah Mein" (भारत मे पहु च ं ने के दो माह 38 मे) wherein the time frame of 2 months was mentioned. Therefore, if the answer itself is compared to English version, it completely creates confusion about the period of stipulation of time and in order to properly understand the question and answer, the examinee was required to again read both the English and Hindi and find out which is the correct answer. For such reasons i.e., difference in Hindi and English the entire question should be dropped.
46. Question No. 58 of English version equivalent to question no.58 of Hindi version:
Q.58 The document registration of which is ooptional have been dealt in.
Ans 1. Section 17 of Registration Act
2. Section 18 of Registration Act
3. Section 19 of Registration Act
4. Section 16 of Registration Act Q.58 िजन दसतावेजो के पंजीयन को एिचछक रखा गया है, वह उल्लेखि दखित है Ans 1. पंजीयन अिधिनयम की धारा 17 मे
2. पंजीयन अिधिनयम की धारा 16 मे
3. पंजीयन अिधिनयम की धारा 18 मे
4. पंजीयन अिधिनयम की धारा 19 मे In English, the word 'ooptional' has been used. The spelling of 'ooptional' is wrong which should have been 'optional'
47. Question No. 60 of English version equivalent to question No. 63 of Hindi version Q.60 The term negotiation of the negotiable instrument act 1881.
referes to Ans 1. The transfer of a bill of exchange, promissory note or cheque to any person, so as to constitute the person the 39 holder there of
2. The payment by a bank on a negotiable instrument after due verification of the instrument
3. The bargaining between the parties to a negotiable instrument
4. All of the above Q.63 पिरकामय िलिखत अिधिनयम 1881 के अंतगर त पिरकामय शबद संदिभर त करता है।
1. िविनमय पत का अनतरक वचन पत िकसी व्यक्ति दक्त का चैक, यह उस व्यक्ति दक्त को धारक पदिशर त करता है
2. बैक दारा िकसी पिरकामय िलिखत की देय यह उस िलिखत को सतयािपत करता है
3. पककारो के बीच परकामय िलिखत की, सौदेबाजी को इंिगत करती है
4. उपरोक्त सभी In Hindi version, at option No. 1 of the Answer, the word 'Antarak' (अनतरक) has wrongly been used which means transferer. However, in English question at answer 1, the word 'transfer' has been used which was correct. It appears that due to mistake of the translator, the word 'Antarak' has wrongly been used in Hindi though the word 'transfer' has rightly been used in English. Therefore, since there was material irregularity in answer, the entire question should have been dropped.
48. Question No. 63 of English version equivalent to question No. 59 of Hindi Version :
Q.63 When presentmant for payment is to be made under section 65 of the Act?
Ans 1. Presentment for payment can be made at any reasonable time
2. Presentment for payment must be made during the useal hours of business and , if at a banker's within banking hours
3. there is no such stipulation on time for presentment 40
4. None of the above Q.59 पिरकामय िलिखत अिधिनयम का धारा 65 के अंतगर त भुगतान कब िदया जाता है।
Ans 1. भुगतान के िलये पसतुतीकरण के यक्तुक्ति दक्त यक्तुक्तक्त समय पर भुगतान िदया जाता है
2. भुगतान के िलये पसतुतीकरण पर भुगतान वयापािरक सामानय घंटो मे यिद बैक है तो बैक के समय मे िदया जाना चािहये
3. भुगतान के िलये ऐसी कोई शतर नही
4. उपरोक्त मे से कोई नही This was objected and the Expert Committee came to a correct conclusion that since there was a material difference in English and Hindi, consequently the entire question was dropped.
49. Question No.78 of English version equivalent to question No. 79 of Hindi Version :
Q.78 vice president may be removed from his post by resolution of members of council of state?
Ans 1. By 3/4 th majority of then members
2. By suprem court only
3. By at least majority of then members and greed by house of people
4. By 2/3 rd majority of then members Q.79 उप राषरपित को राजय सभा के सदसयो के संकलप के दारा हटाया जा सकता है।
Ans 1. सदसयो के 3 चौथाई बहु मत के दारा
2. केवल उचचतम नयायालय दारा
3. सदसयो के 2 ितहाई बहु मत के दारा
4. लोकसभा के कम से कम सदसयो दारा बहु मत से सहमित दी गई हो The Expert Committee dropped the entire question as the answers were wrong, therefore, the Committee has rightly dropped the entire question.41
50. Question No. 80 of English version equivalent to question No. 82 of Hindi Version :
Q. 80 In movalbe property does not include- Ans 1. Standing Limber
2. Growing crop
3. Grass
4. All the above Q.82 सथावर संपित के अंतगर त नही आता है । Ans 1. खडा काष
2. उगती फसले
3. घास
4. उपरोक्त सभी This question was objected. Taking into consideration the fact that the word, 'immovable property' has been shown as ' In movable property' and the questions of Hindi and English versions being wrong, the Expert Committee has rejected the questions for all the candidates. Therefore, the finding of the Expert Committee is correct.
51. Question No. 81 of English version equivalent to question No. 80 of Hindi version:
Q.81 What is maximum age for retirment of president- Ans 1. 65 Years
2. 70 Years
3. 75 Years
4. None of the above Q.80 राषरपित की सेवािनवृित की अिधकतम आयु है। Ans 1. 65 वषर
2. 70 वषर
3. 75 वषर
4. उपरोक्त मे से कोई नही In this question, the age of the retirement of the 42 President has been asked. Therefore, the examinee has to draw a presumption of the age of which President. This question is vague and presumption has to be drawn by the examinee. On similar ground, the Expert Committee while deciding the questions No.50 & 48 (of the respective ID numbers) has dropped the entire question on the ground that in the memorandum of appeal, only section has been shown and the question is vague. But this question though was vague was not considered to be dropped and it is only on presumption the examinee must have answered. Therefore, for the contradictory approach of expert committee and ambiguity in question, the entire question should have been dropped.
52. Question No. 82 of English version equivalent to question No. 81 of Hindi version Q.82 See 6 of transter of property Act is related to - Ans 1. Transfer of property
2. Person competent to transfer
3. what may be transferred
4. None of the above Q.81 संपित अंतरण की धारा 6 संबंिधत है ।
Ans 1. संपित का अंतरण
2. अंतरण के िलये सकम व्यक्ति दक्त
3. कया अंतिरत िकया जा सकता है
4. उपरोक्त मे से कोई नही In English, instead of 'section 6', the word 'see' has been used before '6'. Therefore, to answer the question presumption was to be drawn.
53. Question No. 84 of English version equivalent to question No. 84 of Hindi version :
43
Q.84 Provisions of longor period in the matter of accamulation of property under sec 17 of T.P. Act amounts to- Ans 1. 20 Years
2. 25 Years
3. 18 Years
4. 22 Years Q.84 संपित अंतरण अिधिनयम की धारा 17 के अंतगर त संपित के संचयन के मामले मे लंबे समय के पावधान िकस समय तक िकये जा सकते है। Ans 1. 22 वषर
2. 20 वषर
3. 18 वषर
4. 25 वषर In English, after the word 'provision of' the word 'longor' has been used and further after the words 'matter of' the word 'accamulation' has been used which are also wrong as spelling mistakes exist. The examinee has to answer the question on presumption.
54. Question No. 93 of English version equivalent to question No.95 of Hindi version:
Q.93 Which of the following are true about the word ''possession'' used in sec 5 of the specific relief Act Ans 1. It is Prima facie proof of property
2. It is good title against all who can not showbetter title
3. It is constituted by itself, a limited title to the property
4. All of the above Q.95 िविनर िदष अनुतोष अिधिनयम की धारा 5 के अनुसार शबद कबजा के अंतगर त ि दनिम मे से कौन सा सही है।
Ans 1. यह पथम दषया संपित का सबूत है
2. यह एक अचछा सवतव है, उन सभी के िवरद, जो उससे अचछा सवतव नही बता सकते है 44
3. यह अपने आप मे उस संपित के िलए सीिमत दाियतव है
4. उपरोक्त सभी This question was dropped by the Expert Committee. If we see the question, it shows that the 'definition of possession' word has not been used whereas the Expert Committee has held the nature of possession and the effect has not been shown but u/s 5, it pertains to recovery, therefore, the entire question was dropped.
The model answer given by the Commission to this question at Option No.4 i.e., "All of the above" appears to be correct as the question covers all the answers shown at Options 1, 2 & 3 which seem to be correct. The question does not create a doubt as definition of possession has not been asked, but only the simple question was that for what the application of word 'possession' in section 5 is used. Therefore, the question which the candidates have answered would be at the disadvantageous position as against the candidates who have failed to answer. The nature of these types of questions marks the differences between merit of the students. In other words, the answer given by a student who can secure a better position in merit by answer of these tricky questions is compromised thereby such talent is defeated. In competitive examination, these questions mark the difference. Therefore, the Expert Committee prima facie appears to have wrongly dropped the questions of both the English and Hindi versions.
55. Question No. 95 of English version equivalent to question No. 100 of Hindi version:
Q.95 Specific performance of a contract can not be enforced in favour of a person 45 Ans 1. Who would not be entitled to recover compensation for is breach
2. Who has become incapable of performing
3. Who fails to over and prove that he has performed
4. All of the above Q.100 िकसी संिवदा के िविशष पालन िकसी व्यक्ति दक्त के पक मे पवितर त नही कराया जा सकता।
Ans 1. जो उसके भंग के िलए पितकर वसूर करने का हकदार न हो
2. जो उसके करने मे अकम हो
3. जो पकथन करने और सािबत करने मे िवफल रहा हो
4. उपरोक्त सभी In both English and Hindi versions, answer no.2 on objection was found to be corrected by the Expert Committee. However, reading of answer 2 in English would show that it is an incomplete answer as it is not clear who has become incapable of performing the contract whether it is a condition of contract or it is a personal incapacity to perform. Likewise, in Hindi, answer no.2 is also ambiguous as the word 'Jo' (जो) has been used which refers to whom ? Though the Expert Committee has corrected the answer but the answer itself is too vague to draw the presumption and was incomplete if it is answered by reading in between the lines of the statute.
56. Question No. 96 of English version equivalent to question no. 98 of Hindi version :
Q.96 Powers and functions of the rent control tribanl dues not include Ans 1. Recoinciling disputess between land lord and tenant
2. Establishment of rent controller
3. Fanctioning as appellate authonily
4. (B) and (C) 46 Q.98 भाडा िनयंतण अिधकरण की शक्ति दक्तयक्तो एवं कृतय मे शािमल नही है।
Ans 1. भवन सवामी और िकरायेदार को बीच िववादो का िनपटारा
2. भाडा िनयंतक की सथापना
3. अपीलीय पािधकरण के रप मे काम करना
4. (ब) और (स) The Expert Committee after deliberation rejected the same which prima facie appears to be correct.
57. Question No. 97 of English version equivalent to question No. 94 of Hindi version :
Q.97 Schedule -1 of the chhattisgarh rent control Act is related to Ans 1. Tenant rights available under the Act
2. Land lords rights available under the Act
3. Land lord's obligation under the Act
4. Non of the above Q.94 छतीसगढ भाडा िनयंतण अिधिनयम की अनुसूची संबंिधत है। Ans 1. अिधिनयम के अंतगर त िकरायेदार को पाप अिधकार
2. अिधिनयम के अंतगर त भवन सवामी को पाप अिधकार
3. अिधिनयम के अंतगर त भवन सवामी की बाधयता
4. उपरोक्त मे से कोई नही In Hindi question, after the word 'Anusuchi' (अनुसूची) the digit '1' was missing whereas it appears in English. There are many schedules in The Chhattisgarh Rent Control Act, which has a different application to the right of land lord-lord/tenant, rights and liabilities etc. If the numerical 'Schedule-1' is absent in Hindi, then it would create a confusion and all the first three answers 1 to 3 would be correct. The Expert Committee though discussed it, but held that Schedule-1 is mentioned in English. Therefore, the objection was over-ruled, which also appears to be completely wrong.
Consequently a candidate has to read both English and Hindi to 47 answer the question. More so, in the instant case, if the candidate has not read the English then the answer would be confusing in Hindi. Therefore, the finding of the Expert Committee that since 'Schedule-1' is shown in English, as such, even if the same has not been shown in Hindi, the discrepancy does not exist is wrong and the objection has been wrongly over-ruled. Since there was material irregularity in Hindi version, the entire question should have been dropped.
58. Question No. 99 of English version equivalent to question No. 96 of Hindi version:
Q.99 What is remedy where a lease or agreed to sell property to his lease and accepted part of the price Ans 1. Speific performa
2. A suit for eriction
3. Either A or B
4. Non of these Q.96 जहॉ िकसी पटा कतार ने िकसी पटा गृहीता को अपनी संपित बेचने का करार कर िलया हो और आं िशक मूलय पाप कर िलया हो, तो कया उपचार है। Ans 1. िविशष पदशर न
2. िनषकासन का दावा
3. या तो अ या ब
4. इनमे से कोई नही Since there is an ambiguity in question the same was rightly dropped by the Experts.
59. Question No. 100 of English Version equivalent to question No. 93 of Hindi Version :
Q.100 Which of the contracts can not be speifically enforced- Ans 1. A contract which is in its nautre determinalbe
2. A contract for the non performance of which compensation in money is an adequable relief 48
3. (A) and (B)
4. Non of the above Q.93 कौन सी संिवदाए िविनर िदष पवितर त नही कराई जा सकती है । Ans 1. कोई संिवदा जो उसकी पकृित से पयर वयेये हो
2. कोई संिवदा िजसके अपालन के िलए धन के रप मे पितकर यथायोगय अनुतोष है
3. आ और ब दोनो
4. उपरोक मे से कोई नही In Hindi version at option No.1 of the Answer, the words 'Paryavayeye Ho' (पयर वयेये हो ) have been used. No meaning exists to such word in Hindi. If no such word exists in Hindi and if the answer at Option No.1 is correct, then Option no.4 would be correct for Hindi.
The Experts though have corrected the answer but since certain wrong was existing in Hindi, it created a doubt and the examinee has to go through both in Hindi and English to find out which question is understandable.
60. The examination of the aforesaid questions and answers would show that minor mistakes were found in 8 questions which are shown at Para 21(Question No. 9 of English equivalent to Question No. 9 of Hindi); Para 22 (Question No. 10 of English equivalent to Question No. 14 of Hindi); Para 27 (Question No.19 of English equivalent to Question No. 20 of Hindi), Para 33 (Question No.32 of English equivalent to Question No. 31 of Hindi); Para 34 (Question No. 33 of English equivalent to Question No.33 of Hindi); Para-46 (Question No.58 of English equivalent to Question No. 58 of Hindi), Para-59 (Question No. 100 of English equivalent to Question No. 93 of Hindi). Though minor mistakes appeared in these questions but the mistake changes the meaning of question or made it meaningless. 49
61. Likewise, the Expert Committee deleted 12 questions, out of which 11 were found rightly deleted. Those are described at Para 17 (Question No. 1 of English equivalent to Question No. 1 of Hindi); Para 24 (Question No. 12 of English equivalent to Question No. 13 of Hindi); Para 29 (Question No.26 of English equivalent to Question No.29 of Hindi); Para-41 (Question No.43 of English equivalent to Question No. 43 of Hindi); Para 43 (Question No.50 of English equivalent to Question No. 48 of Hindi); Para 44 (Question No. 53 of English equivalent to Question No.54 of Hindi); Para 48 (Question No. 63 of English equivalent to Question No.59 of Hindi); Para 49 (Question No. 78 of English equivalent to Question No. 79 of Hindi); Para 50 (Question No.80 of English equivalent to Question No. 82 of Hindi); Para 56 (Question No.96 of English equivalent to Question No.98 of Hindi) and Para 58 (Question No. 99 of English equivalent to Question No. 96 of Hindi). However, one question which is described at Para 54 i.e., Question No. 93 of English equivalent to Question No. 95 of Hindi) was wrongly deleted.
62. On perusal of questions as cited above in different Paras, this Court cannot loose sight of the fact that out of total objected questions, other 20 questions remained in the list should have been deleted apart from the questions deleted by the Expert Committee for the reasons stated in the foregoing paras. The questions shown at Para 18 (Question No.2 of English equivalent to Question No.2 of Hindi); Para-19 (Question No. 3 of English equivalent to Question No. 3 of Hindi); Para 20 (Question No. 8 of English equivalent to Question No.8 of Hindi); Para 23 (Question No. 11 of English equivalent to Question No. 16 of Hindi); Para 25 (Question No.15 of English equivalent to Question No. 10 of Hindi); Para 30 (Question No.27 of English equivalent to Question No.29 of Hindi), Para 31 (Question 50 No.29 of English equivalent to Question No. 25 of Hindi); Para 32 (Question No. 31 of English equivalent to Question No.36 of Hindi); Para 35 (Question No. 35 of English equivalent to Question No. 35 of Hindi), Para 36 (Question No.36 of English equivalent to Question No. 34 of Hindi), Para 37 (Question No. 38 of English equivalent to Question No.37 of Hindi), Para 38 (Question No.39 of English equivalent to Question No. 38 of Hindi), Para 39 (Question No.48 of English equivalent to Question No. 42 of Hindi), Para 42 (Question No. 45 of English equivalent to Question No.44 of Hindi); Para 45 (Question No. 57 of English equivalent to Question No.57 of Hindi); Para 47 (Question No.60 of English equivalent to Question No. 63 of Hindi); Para 51(Question No. 81 of English equivalent to Question No.80 of Hindi); Para 53 (Question No.84 of English equivalent to Question No. 84 of Hindi); Para 55 (Question No.95 of English equivalent to Question No.100 of Hindi) and Para 57 (Question No. 97 of English equivalent to Question No.94 of Hindi) should have been dropped for the reasons which are cited above.
63. Two objections were rightly over-ruled by the Expert Committee which are at Para 26, (Question No. 16 of English equivalent to Question No.12 of Hindi) and Para 28 (Question No.22 of English equivalent to Question No. 22 of Hindi). The Expert Committee has wrongly changed the answer for the questions shown at Para 40 i.e., Question No.42 of English equivalent to Question No. 45 of Hindi) and the wrong answer was arrived at.
64. In view of the above discussion, the 11 questions were rightly deleted by the Expert Committee and further more 8 questions having a minor mistakes as shown above along-with 20 questions which were completely wrong for the reasons stated above in the foregoing paragraphs should have been dropped. Therefore, 11 questions + 28 51 questions i.e., total 39 questions were wrongly framed either on account of spelling mistakes or on account of wrong interpretation or application of law as discussed above. The Expert Committee has wrongly deleted one question and wrongly changed the answer of one question, as such, the number of defective/wrong questions would be further increased from 39 to 41 (39 + 1 + 1), as such, total 41 questions were wrongly framed or their answers were wrongly made.
65. The Supreme Court in recent decision in Civil Appeal No. 7306/2019 Shri Rang Wagmare vs. State of Maharashtra (supra) has emphasized the significance of the post of a Judge. Therefore, when a candidate passes through the process of selection, the said process should be in conformity with no-fault procedure. When these facts are brought to the notice of the Court and the Court observes the silence despite going through the faults in the questions and answers, it would amount to enforcement of silence for the wrong by the Court itself. The Court will do well to remember the right of a candidate who is going to be a Civil judge and what would be the duty after he is selected to the principal part of the judicial office. If a person who passes such examination which contains the number of defective questions and to answer the same, a presumption has to be drawn, then the candidate who is selected subsequently would carry an impression at the inception that while passing a judgment, any inference can be drawn and casual non- serious approach would be a normal attitude. Apart from that, when the defective procedure of selection is carried forward and is perpetuated, then a Judge who deliver the judgment will also carry forward the impression in his mind that the deliberate human mistakes would be common and can be allowed to be precipitated in routine in judgment. The Selected Judge 52 should not be allowed to carry the ignorance of presumption and thereafter pass the judgments/orders ignoring the right of parties which the Judge is invested with.
66. The case laws relied upon by the Public Service Commission do not deal with the appointment of Civil Judge. The Supreme Court time and again has placed the Post of Judge into a different category in a separate compartment, therefore, it cannot be compared at par with the other civil posts. Mostly in case laws which are relied on by the respondent have dealt with judicial restraint over the answers dealt by the Expert Committee. In the cases in hand, the questions framed and the answers given are in respect of the law. These are not so complicated or require intricated interpretation of law and the answer is available in statute book and the dictums laid down by the Supreme Court and the High Court. Therefore, the answers given by the experts in respect of law can always be tested by the High Court and it can certainly look into correctness of it and if found wrong, it cannot shut its eyes on the ground that the answers given by the expert is final. The nature of questions does not show that the questions & answers are so tough that the Courts cannot understand. The questions framed by the PSC are the basic fundamental questions which can always be tested by application of open book procedure of statute. The Expert Committee appears to have dealt with the issue little casually and should have taken it more seriously as it pertains to appointment of Civil Judges, who would be the future Judges and would hold the high office in the judiciary.
67. It is trite that presumption of either fact or law or both can only be drawn by the authority, if the authority cloths with the power embodied in any statutes. The maxim "omnia praesumuntur rite esse acta" i.e., all acts are presumed to have been rightly and regularly done, is 53 chiefly applied to judicial and officials acts as per Section 114 (e) of the Indian Evidence Act, 1872. The Chhattisgarh Public Service Commission, being statutory body, has in its official act, conducted the examination for the post of Civil Judge (Junior division), therefore, in view of the law of presumption, it will be presumed that the questions written on the question paper are rightly written and asked unless otherwise brought to the notice of the concerned.
By no stretch of imagination, it can be presumed that an examinee is supposed to presume that what has been written in the question paper may be wrong and he has to draw inference of his own and understand the question by a process of probable and logical reasoning as per his own knowledge, ability and perception and answer accordingly. The power under Article 226 is extraordinary, discretionary and equitable and is required to be exercised in the larger interest of justice. Once a wrong is brought to the notice of the High Court under Article 226 of the Constitution of India, it can look into all the aspects of the lis. In view of the above settled position of law, this Court can look into the correctness of the questions asked in the question paper though not objected by any of the examinee.
68. Considering the degree and percentage of defects in the question papers which according to this Court as much as 41 wrong questions/answers have been found out of 100, the percentage of it would certainly dilute the module of selection process and the Court cannot observe the silence. The Court after the examination cannot allow it as one horse-race but would accept the steep challenge with an idea of reform. Serving certain problems requires multi prolonged approach and reform and they will persist if we view through narrow lens and the carelessness will always have a price. Consequently the 54 way in which the entire examination was conducted cannot be allowed to sustain.
69. In the result, the final result of the preliminary examination conducted by the P.S.C. on 02.07.2019 pursuant to the advertisement dated 06.02.2019 is hereby quashed. The P.S.C., is directed to conduct a fresh preliminary examination on the basis of advertisement dated 06.02.2019 to all those candidates who had appeared in the examination and filled up the forms. No separate examination fee shall be charged for the subsequent examination, which is ordered herein. Accordingly, the writ petitions stand allowed to the extent as directed here-in-above.
Sd/-
GOUTAM BHADURI JUDGE Rao