Chattisgarh High Court
Shailesh Kumar vs State Of Chhattisgarh on 23 July, 2021
Author: P. Sam Koshy
Bench: P. Sam Koshy
-1-
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3655 of 2021
Shailesh Kumar S/o Vishnu Prasad Aged About 28 Years R/o Karhidih,
Karhi Raipur, Tehsil And District Raipur Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Its Secretary, General Administration
Department, DKS Bhawan, Mantralaya Raipur Chhattisgarh,
2. Controller Of Examination Chhattisgarh Public Service Commission,
Shankar Nagar, Raipur Chhattisgarh.
3. Chhattisgarh Public Service Commission Through Its Secretary, Shankar
Nagar, Raipur Chhattisgarh.
---- Respondent
WPS No. 2426 of 2021
1. Ashish Kumar Goyal S/o Lalit Kumar Goyal Aged About 32 Years R/o Shanti Nagar Lailunga District Raigarh Chhattisgarh Pin 496113
2. Manoj Kumar Sarthi S/o Makkar Lal Sarthi Aged About 39 Years R/o Jila Panchyat Road, Near Abhinav School, Chote Attarmuda, District Raigarh Chhattisgarh
3. Naveen Kumar Yadav S/o Shri Krishna Kumar Yadav Aged About 24 Years R/o Village Pokhra, Post Office Parsad Josi, Tehsil Rajim, District Gariyaband, Chhattisgarh 493885
4. Udyan Dubey S/o Vimal Kumar Dubey Aged About 26 Years R/o Near Siddh Shikhar Appartments M I G 2/4, Narmada Nagar, Bilaspur District Bilaspur Chhattisgarh
5. Shiv Charan S/o Ram Singh Ccharan Aged About 28 Years R/o Village Behind Post Suregaon, Tehsil Dondilojhara District Balod Chhattisgarh Pin Code 491225
6. Madhuri Sahu D/o Mr Ishwar Prasad Sahu Aged About 24 Years Village And Post Office Nawagaon, Rajim Tehsil Abhanpur, District Raipur Chhattisgarh Pin Code 493885
7. Kunal Mishra S/o Mr. Madhusudan Mishra Aged About 21 Years R/o Ward No. 21, Shitilpara Nawapara, Tehsil Nawapara, District Raipur Chhattisgarh Pin Code 493881
8. Nirmal Kumar S/o Shri Kamal Singh Aged About 30 Years R/o Sargipat Para (Near Pani Tanki) District Kondagaon, Chhattisgarh Pin Code 494226
9. Surbhi Shukla D/o Mr. Sushil Kumar Shukla Aged About 27 Years R/o C/o Satish Sharma, Civil Engineer Near Mukthidham Chowk New Sarkanda Bilaspur Chhattisgarh
10. Ayush Agrawal S/o Kamlesh Agrawal Aged About 23 Years R/o Building No. 12 Ashoka Rattan, L I C Colony Shankder Nagar Raipur Chhattisgarh 492007 -2-
11. Devyani Sao W/o Aninash Sahu Aged About 28 Years R/o Geetanjali Vihar Phase 2 Narmada Nagar Bilaspur Chhattisgarh
12. Rajesh Singh Rathore S/o Jaichandra Singh Rathore Aged About 31 Years R/o Durga Mandir Sukli, Village And Post Office Sukli, Janjgir Pin 495668, Tahsil Janjgir, District Janjgir Champa Chhattisgarh
13. Munmun Baidya D/o Subhash Chandra Baidya Aged About 29 Years R/o Plot No. 37 Uday Nagar Colony, Kanker, Pin Code 494334, In Front Of Govt. P G Collage Kanker Chhattisgarh
14. Madhuri Baria D/o Keshav Baria Aged About 26 Years R/o House No. 756, Patel Para, Sarvamangla Road Korba Ward No. 1, Korba Chhattisgarh
15. Krishnakant Choudhary S/o Kushiram Choudhary Aged About 26 Years R/o House No. 51, Ram Nagar High School, Lailunga Village District Raigarh, Chhattisgarh Pin Code 496113
16. Pallavi Kshatry D/o Damodar Singh Kshatry Aged About 27 Years R/o House No. 123 Bherimura, Ratanpur, Bilaspur Chhattisgarh
17. Rajendra Singh S/o Jaipal Singh Aged About 31 Years R/o S-/26, Annapurna Vihar, Ganesh Nagar, Bilaspur, District Bilaspur Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through The Secretary General Administration Department, Mantralaya, Naya Raipur Chhattisgarh
2. Chhattisgarh Public Service Commision Through Secretary, Shankar Nagar Road, Raipur Chhattisgarh
3. Examinar Chhattisgarh Public Service Commision, Through Examiner Controller, Shankar Nagar Road, Raipur Chhattisgarh
---- Respondents WPS No. 2523 of 2021
1. Sukhdev Kumar Soni S/o Shri Yashwant Kumar Soni Aged About 30 Years R/o 107, Village Khamhi, Bemetara, District Bemetara Chhattisgarh
2. Chandrakant Sahu S/o Lokdas Sahu Aged About 27 Years R/o 155 (1) H-
45, New Civil Line Rajnandgaon, Ward No. 15, District Rajnandgaon Chhattisgarh
3. Vagisha Mishra D/o Ashok Pandey Aged About 28 Years R/o Quarter No. 897, Sector-4, Type-A, Balco Nagar, Korba District Kobra Chhattisgarh
4. Neeraj Kant Varma S/o Shri Dinesh Kumar Varma Aged About 28 Years R/o Ward No. 05, Jhulna Maro Bemetara District Bemetara Chhattisgarh
5. Kshama Sonel D/o Shri Pramod Prakash Sonel Aged About 30 Years R/o 173-Kh, Govindpur, Kanker, District South Bastar Kanker Chhattisgarh
6. Akash Sharma S/o Hemchand Sharma Aged About 29 Years R/o Nayabaradwar, (Nagar Panchayat) Janjgir District Janjgir Champa Chhattisgarh
7. Bheekam Singh Dhruwey S/o Shri Mahesh Singh Aged About 39 Years R/o 44, Bhana Khodra, Chilfi, Kawardha, District Kawardha Chhattisgarh
---- Petitioners Versus -3-
1. The State Of Chhattisgarh Through The Secretary, Department Of General Administration, Mahanadi Bhawan, New Raipur District Raipur Chhattisgarh
2. Chhattisgarh Public Service Commission Through The Secretary, Shankar Nagar Road, Bhagat Singh Square, Raipur Chhattisgarh
3. The Examination Controller Chhattisgarh Public Service Commission, Shankar Nagar Road, Bhagat Singh Square, Raipur Chhattisgarh
4. The Secretary, Chhattisgarh State Hindi Granth Academic Pt. Ravi Shankar Shukla, University Premises, Infront Of Community Building Raipur District Raipur Chhattisgarh
---- Respondents WPS No. 2571 of 2021
1. Ashok Kumar Yadaw S/o Shri Chhabilal Yadav Aged About 43 Years Resident Of A 1113 Bloks 3 Yamuna Vihar Ward 41 Darri , Jamnipali Korba Chhattisgarh 495450., District : Korba, Chhattisgarh
2. Khushboo Parganiha D/o Kamta Prasad Parganiha Aged About 32 Years Resident Of Ashish Nagar, Street 18 Risali Bhilai District Durg Chhattisgarh 490006
3. Yogita Rani Nirmalkar D/o Dujram Nirmalkar Aged About 28 Years Resident Of H.No. 448, Post And Vill Barpali , Tahsil Kartala , Korba Chhattisgarh 495674
4. Kamal Narayan Chandrakar S/o Shri Hemlal Chandrakar Aged About 30 Years Resident Of H.No. 30 Gaya Nagar Road, Girdhari Nagar, Ward No. 09, Durg Chhattisgarh 491001.
5. Gyandar Ram Bhagat S/o Jaduwar Ram Bhagat Aged About 32 Years Ward No. 01, House No. 13, Manyar Toli Jirthul , Bhulsi Kalan Balrampur Chhattisgarh 497224
6. Rachna Dahre D/o Shri Sanwla Ram Dahre Aged About 34 Years Resident Of Hindi Bhavan Street No 03, Pragati Nagar Risali Bhilai Civik Centre Bhilai Durg Chhattisgarh, 490006.
---- Petitioners Versus
1. The State Of Chhattisgarh Through The Secretary, Department Of General Administration, Mahanadi Bhawan, New Raipur Chhattisgarh
2. Chhattisgarh Public Service Commission Through The Secretary, Shankar Nagar Road, Bhagat Singh Square, Raipur Chhattisgarh
3. The Examination Controller Chhattisgarh Public Service Commission Shankar Nagar Road, Bhagat Singh Square Raipur Chhattisgarh.
---- Respondents WPS No. 2576 of 2021
1. Neeraj Kumar Dewangan S/o Yashwant Kumar Aged About 27 Years R/o Katul Board Yadav Gali, Hari Nagar, S.A.F. Line Durg Chhattisgarh
2. Bhanendra Kumar Sinha S/o Dikeshwar Sinha Aged About 27 Years R/o Mahverapara Sankra Ward No. 18, Nagari District Dhamtri Chhattisgarh -4-
3. Veerbhadra Singh S/o Bhojray Banchhor Aged About 29 Years R/o M.N. 14 Shashtri Chowk Demar Devada , Patan District Durg Chhattisgarh
4. Harishankar Verma S/o Devi Prasad Verma Aged About 30 Years R/o Aditya Nagar Near Naveen School, Ward 20 District Durg Chhattisgarh.
5. Manish Verma S/o Prem Lal Verma Aged About 25 Years R/o Central Jail , Jail Colony, Ward No 48 District Durg Chhattisgarh
6. Payal Sinha S/o Sinha Aged About 27 Years R/o 156 Ward No 18 Nehru Nagar Supela District Durg Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Its Secretary, General Administration Department, DKS Bhawan, Mantralya, Raipur Chhattisgarh
2. Controller Of Examination Chhattisgarh Public Service Commission, Shankar Nagar, Raipur Chhattisgarh
3. Chhattisgarh Public Service Commission Through Its Secretary, Shankar Nagar Raipur Chhattisgarh.
---- Respondents WPS No. 2580 of 2021
1. Gaurav Updhyay S/o Santosh Updhyay Aged About 27 Years R/o Ward No. 11, Purani Basti , Janjgir District Janjgir Chhattisgarh Pin 495668
2. Khushvant Singh S/o Dikpal Singh Aged About 28 Years R/o Kera Road, Behind Lalu Hotel , Janjgir Pin 495668
3. Manish Kumar Singh S/o Chandra Rama Singh Aged About 30 Years R/o Q. No. Lig 5/f, Housing Board Colony, Industrial Area Korba, Chhattisgarh.
4. Deepika Mittal D/o Manoj Kumar Mittal Aged About 25 Years R/o Ward No. 9, Atal Nagar Pasan, District Korba Chhattisgarh.
5. Deepanshu Mittal S/o Manoj Kumar Mittal Aged About 24 Years R/o Ward No. 09, Atal Nagar Pasan , District Korba Chhattisgarh
6. Sourabh Mangal S/o Raj Kumar Agrawal Aged About 33 Years R/o Station Road Sakti District Janjgir Chmapa
7. Neha Tiwari D/o Parmanad Tiwari Aged About 28 Years R/o House No. 59/1, Rani Lakshmi Bai Ward , Saja Bemetara Chhattisgarh.
8. Alka Dhurandhar D/o Tikeshwar Prasad Dhurandhar, R/o Quarter No. 2 New India Appartment, Behinde Chhattisgarh Madhyamik Shiksha Mandal, Tagore Nagar Raipur Chhattisgarh.
9. Sunil Kumar Tripathi S/o Tilak Prasad Tripathi Aged About 33 Years R/o Chota Bhawani Nagar, Near Railway Line Behind Vivekand Vidhyapeeth , Kota Raipur Chhattisgarh., District : Raipur, Chhattisgarh
10. Om Prakash S/o Lakhanlal Verma Aged About 28 Years House No. 85, Ward No 8 Beldaar Seoni , Raipur Chhattisgarh.
11. Suruchi Soni D/o Nand Kishore Soni, R/o House No 68/5 Street No. 5, VV Colony , Mowa Raipur , Chhattisgarh.
12. Shivam Pandey S/o Durg Charan Pandey Aged About 27 Years House No 41, Ward No 3, Kawardha , Chhattisgarh.
-5-13. Suman Sahu D/o Girish Sahu Aged About 33 Years R/o House No 256, Ward No. 7, Village And Police Thana Sargaon, District Raipur Chhattisgarh.
14. Yogesh Singh Rajput S/o Shri Kamlesh Singh Rajput Aged About 37 Years R/o Mukhanj Colony, Lakshmi Construction, Sikhola Bhatta, Durg Chhattisgarh., District : Durg, Chhattisgarh
15. Ritu Sahu D/o Bhuvneshwar Sahu Aged About 25 Years R/o Ward No. 07, Village Chhibhara Bhitadih, Mahasamund Chhattisgarh.
16. Niranjana Chandrakar D/o Jitendra Chandrakar Aged About 37 Years R/o House No 0, Mahamai Para, Village Baniya Jhar, Tehsil And District Mahasamund.
17. Vipul Ratan Mishra S/o Sunil Mishra Aged About 30 Years R/o House No. 143/18, Vidhya Vihar, Nehru Nagar West, Motilal Nehru Nagar, Bhilai Durg Chhattisgarh.
18. Pawan Kumar S/o Dhanlal Verma Aged About 27 Years R/o House No. 65/K, Karijin Para Ward No. 3, Manohora, Po Hathband Sub District Bindrwangarh, District Raipur Chhattisgarh.
19. Meenal Banchor D/o Harshvardhan Banchor Aged About 31 Years R/o House No. 181/42, Tatayaipra Chowk, Station Road Raipur Chhattisgarh.
20. Yogesh Choure S/o Dulchand Choure Aged About 45 Years R/o Gurudev Residency, House No. 34 Near Swaraswati Shishumandir Ward Tehsil And Thana Dongargarh District Chhattisgarh.
21. Rajesh Kumar Madhurkar S/o Late Shobhit Ram Madurkar Aged About 38 Years R/o Ward No. 17 Taledeori , Janjgir Champa Champa Chhattisgarh.
22. Aman Agrawal S/o Mohan Lal Agrawal Aged About 26 Years R/o Ward No. 6, Kathghora Korba Chhattisgarh.
23. Murlidhar Nayak S/o Madan Nayak Aged About 28 Years R/o Nh 00, Jogiterai , Raigarh Chhattisgarh.
24. Rohan Rajput S/o Kamal Singh Rajput Aged About 27 Years R/o Near Jail Building Roadgorakhpur , Pendra Road Pendra Chhattisgarh.
25. Vivek Kumar Gupta S/o Shri Ram Kumar Gupta Aged About 28 Years R/o Infront Of Korea Near Govt. Higher Secondary School Sonhat , District Korea Chhattisgarh.
---- Petitioners Versus
1. State Of Chhattisgarh Through The Secretary, General Administration Department , Dks Bhawan Mantralaya, Raipur Chhattisgarh., District :
Raipur, Chhattisgarh
2. Chhattisgarh Public Service Commission Through Secretary , Shankar Nagar Road, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Examinar Chhattisgarh Public Service Commission Through Examiner Controller, Shankar Nagar Road, Raipur Chhattisgarh.
---- Respondents -6- WPS No. 2581 of 2021
1. Vipin Ganvir S/o R.K. Ganvir Aged About 31 Years R/o M.I.G.74/17-A, Nehru Nagar West, Ward 03, Bhilai, District Durg., District : Durg, Chhattisgarh
2. Sanjay Kumar S/o Jiwan Lal Aged About 29 Years R/o Sulouni, Sukulkari, Teh. Masturi District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Its Secretary, General Administration Department, DKS Bhawan, Mantralya, Raipur, Chhattisgarh
2. Controller Of Examination Chhattisgarh Public Service Commission, Shankar Nagar, Raipur, Chhattisgarh
3. Chhattisgarh Public Service Commission Through Its Secretary, Shankar Nagar, Raipur, Chhattisgarh
---- Respondents WPS No. 2582 of 2021
1. Aman Kumar Gupta S/o Raj Kumar Gupta Aged About 25 Years R/o Aman Press Ward No 8, Wadrafnagar, District Balrampur, Chhattisgarh
2. Manoj Kumar Singh S/o Rajendra Prasad Singh Aged About 38 Years R/o Shiv Sagar Nagar, Behind Collectorate, Ambikapur, Chhattisgarh
3. Pravesh Kumar Soni S/o Prem Lal Verma Aged About 25 Years R/o Central Jail, Jail Colony, Ward No 48, District Durg, Chhattisgarh
4. Aarti Namdev S/o Bihari Lal Namdev Aged About 29 Years R/o 155 Ward No. 27 Durga Chowk, District Mahasamund., District : Mahasamund, Chhattisgarh
5. Kapil Bhatt S/o Mukesh Bhatt Aged About 40 Years R/o Kotra Road, Railway Bangla Para Ward 15 District Raigarh, District : Raigarh, Chhattisgarh
6. Pitamber Yadav S/o Sinha Aged About 27 Years R/o 156 Ward No. 18 Nehru Nagar Supela District Durg, Chhattisgarh
7. Ashish Soni S/o Dattatre Soni Aged About 28 Years R/o H.No. 123 Ward No. 26 Lohar Para Rajnandgaon, Chhattisgarh
8. Tarun Tandekar S/o Harish Chandrtandekar Aged About 30 Years R/o H.No. 77 Barfani Ashram Ward No. 19, Rajnandgaon, Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Its Secretary, General Administration Department, Dks Bhawan, Mantralya, Raipur, Chhattisgarh
2. Controller Of Examination Chhattisgarh Public Service Commission, Shankar Nagar, Raipur, Chhattisgarh
3. Chhattisgarh Public Service Commission Through Its Secretary, Shankar Nagar, Raipur, Chhattisgarh
---- Respondents -7- WPS No. 2585 of 2021 Himanshu Dewangan S/o Shri Ram Kumar Dewangan Aged About 29 Years R/o Ward No. 11, Tilda Road Simga, District Baloda Bazar Bhatapara Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of General Administration, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh
2. Chhattisgarh Public Service Commission Through Its Secretary Chhattisgarh, Kachana Pahuch Marg, Near Bhagat Singh Square, Civil Lines, Raipur, District Raipur Chhattisgarh
3. Examination Controller Chhattisgarh Public Service Commission, Shankar Nagar Road, Bhagat Singh Square, Raipur, District Raipur Chhattisgarh
---- Respondents WPS No. 2586 of 2021 Sandeep Soni S/o Shri Resham Lal Soni Aged About 31 Years R/o R-8, Sbi Colony, Vinoba Nagar, Bilaspur , District Bilaspur Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary Department Of General Administration, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh
2. Chhattisgarh Public Service Commission Through Its Secretary Chhattisgarh, Kachana Pahuch Marg, Near Bhagat Singh Square, Civil Lines, Raipur, District Raipur Chhattisgarh
3. Examination Controller Chhattisgarh Public Service Commission Shankar Nagar Road, Bhagat Singh Square, Raipur, District Raipur Chhattisgarh
---- Respondents WPS No. 2587 of 2021 Shreyank Sharma S/o Shri Yogesh Kumar Sharma, Aged About 30 Years R/o Mig-1-149, Hudco, Bhilai, District Durg Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of General Administration, Mahanadi Bhawan, Atal Nagar, Naya Raipur (Chhattisgarh)
2. Chhattisgarh Public Service Commission, Through Its Secretary Chhattisgarh, Kachana Pahuch Marg, Near Bhagat Singh Square, Civil Lines, Raipur, District Raipur Chhattisgarh
3. Examination Controller Chhattisgarh Public Service Commission, Shankar Nagar Road, Bhagat Singh Square, Raipur, District Raipur Chhattisgarh
---- Respondents -8- WPS No. 2596 of 2021 Ram Kumar Denjare S/o Abhay Ram Aged About 34 Years R/o Village And Post - Singhara The - Malkharoda, District - Janjgir - Champa Chhattisgarh 495691
---- Petitioner Versus
1. State Of Chhattisgarh Through - Secretary, Department Of General Administration, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur Chhattisgarh
2. Chhattisgarh State Public Service Commission Through - Secretary, Sankar Nagar Road, Raipur, District - Raipur Chhattisgarh
3. Controller Of Examination, Chhattisgarh State Public Service Commission, Shankar Nagar Road, Raipur, District - Raipur Chhattisgarh
---- Respondents WPS No. 2622 of 2021 Ragini Dewangan D/o Mr. Shri Ram Dewangan Aged About 25 Years R/o Lions Club Chowk Manjhli Talab Campa, Tahsil And District Janjgir Champa Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary Department Of General And Administration, New Mantralay Atal Nagar Nawa Raipur District Raipur Chhattisgarh
2. Chhattisgarh Public Service Commission Through The Secretary, Shankar Nagar Road, Near Bhagat Singh Square, Civil Lines Raipur District Raipur Chhattisgarh
3. The Examination Controller Chhattisgarh Public Service Commission, Shankar Nagar Road, Near Bhagat Singh Square, Civil Lines Raipur District Raipur Chhattisgarh
---- Respondents WPS No. 2629 of 2021
1. Dheeraj Soni S/o Shreeram Soni Aged About 25 Years R/o House No. 11/35, Sanjay Ward Chaurasiya Gali, Bhatapara, Bhatapara, Baloda Bazaar Bhatapara Chhattisgarh
2. Ritu Yadav D/o Shivlal Yadav Aged About 25 Years R/o House No. 66, Matadevalay Ward, Near Godadi Dham, Bhatapara, Bhatapara, Baloda Bazaar Bhatapara Chhattisgarh
3. Suman Sahu D/o Shri Ramlal Sahu Aged About 30 Years R/o House No. 25/95 Pandari Tarai, Behind Digjam Showroom, Sindhi Mohalla, Raipur Pandari, Chhattisgarh
4. Ankit Markaam S/o Shri Chandul Lal Markaam Aged About 31 Years R/o Plot No. 2, Street No. 4, Ashish Nagar East Risali Bhilai Civic Centre Bhilai Chhattisgarh -9-
5. Manish Kumar Chandraker S/o Kaushal Kumar Chandraker Aged About 31 Years R/o House No. 01, Dahdaha Ward Dhamtari Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through The Secretary, General Administration Department, D K S Bhawan, Mantralaya, Raipur, Chhattisgarh
2. Chhattisgarh Public Service Commision Through Secretary, Shankar Nagar Road, Raipur, Chhattisgarh
3. Examinar Chhattisgarh Public Service Commision Through Examiner Controller, Shankar Nagar Road, Raipur, Chhattisgarh
---- Respondents WPS No. 2632 of 2021
1. Ved Prakash Singh Thakur S/o Mr. Heman Singh Thakur Aged About 28 Years House No. 48 Ward 24 Near Sindhu Bhawan Sindhi Colony, Champa District Janjgir Champa Chhattisgarh Pin Code 495691
2. Roshan Yadav S/o Mr Manharan Yadav Aged About 26 Years R/o House Number 109 Ward 05 Village Magarghata, Post Nandghat District Bemetara , Chhattisgarh Pin Code 491340
3. Neha Singh D/o Shitla Prasad Singh Aged About 28 Years R/o Plot No. 16/a, Street 05, Pancheel Borsi, District Durg Chhattisgarh Pin Code 491001.
4. Shashwat Soni S/o Mr. Ishwar Soni Aged About 30 Years R/o G7 Shriram Park Colony, DDU Nagar Sector 03, Raipur Chhattisgarh Pin Code 492001.
5. Sofia Firdosi W/o Mr M.L. Khan Aged About 40 Years R/o 36/422 Byron Bazar Beside R.S. Park, Near Chhattisgarh College, Raipur Chhattisgarh Pin Code 492001
6. Neha Dhidhi S/o Sohan Dhidhi Aged About 26 Years R/o Village Serikhedi Post Mandir Hasoud Raipur Chhattisgarh Pin Code 492101.
7. Suryakant Kumbhkar S/o Mr. Chandrabhan Singh Kumbhkar Aged About 30 Years R/o New Lakshmi Nagar Gas Godown Road, Pahpeddi Naka Raipur Chhattisgarh Pin Code 492001.
8. Amar Singh Thakur S/o Mr. Ram Kumar Singh Thakur Aged About 27 Years R/o Near Hanuman Mandir Navdurga Chowki Aminpara, Purani Basti Raipur Chhattisgarh Pin Code 492001.
9. Sonal Bajpai D/o Mr. Suresh Bajpai Aged About 36 Years Naya Para Moti Lal Nehru Ward, Jagdalpaur District Bastar, Chhattisgarh. Pin Code 494001
10. Swati Nayak D/o Hileshwar Naya Aged About 25 Years R/o House Numar 354, Quarter Para Dakshin, Village Morid, Utai District Durg Chhattisgarh Pin Code 491107
11. Nakul Prashad S/o Mr. Sevakram Aged About 29 Years R/o Village Kashi Post Gujra Tahsil Patan District Durg Chhattisgarh, Pin Code 491111.
12. Govind Pyasi S/o Mr Sanjay Pyasi Aged About 26 Years R/o House Number 116 Krishna Vihar Colony Bemetara Chhattisgarh, Pin Code 491335.
-10-13. Ritika Das Do Sidharth Das Aged About 29 Years R/o D 314 Amarapali Vananchal City, Near Indian Old Petrol Pump Bhilai, District Durg Chhattisgarh, Pin Code 490026
14. Jay Prakash S/o Tularam Sahu Aged About 26 Years R/o Village Daihan, Post Taroud, District Balod , Chhattisgarh Pin Code 491226.
15. Leena Pradhan D/o Mr Yashwant Rao Pradhan Aged About 35 Years R/o Wagon R31 Ganpati Vihar Phase 02 Borsi Road Durg Chhattisgarh Pin Code 491001, District : Durg, Chhattisgarh
16. Gourav Sharma S/o Mr. Ashok Sharma Aged About 30 Years Agrasen Nagar Raipura, Raipur Chhattisgarh 492013.
17. Akansha Shah D/o Mr Ram Shah Aged About 25 Years R/o Manohar Hostel , Kilaward Juna Bilaspur, Chhattisgar Pin Code 495446
18. Shailendra Kumar S/o Byas Narayan Aged About 28 Years R/o Hardi Bazar Post Hardi Bazar District Korba Chhattisgarh Pin Code 495446
19. Pooja Nagdew D/o Mr. Narendra Nagdv Aged About 24 Years R/o Prabhudayal Nagdev Bajrang Chouk Main Road Pali District Korba Chhattisgarh Pin Code 495449
20. Sury Pratap S/o Mr. Ramfal Aged About 29 Years R/o Nawagaon Post Nawagaon, District Bilaspur Chhattisgarh Pin Code 495550, District :
Bilaspur, Chhattisgarh
21. Pitambar Kumar Sahu S/o Bhagirathi Sahu Aged About 30 Years R/o 6/1, Deside Adinath Digambar Jain Mandir Rishabh Nagar Durg, Chhattisgarh , Pin Code 491001.
22. Sanjay Kumar Upadhyay S/o Late Ramesh Kumar Upadhyay Aged About 32 Years Rama Green City Bilaspur Chhattisgarh Pin Code 495006
23. Neelima Rathore D/o Mahadev Rathore Aged About 27 Years R/o Village Sarkhon Naila Janjgir Chhattisgarh Pin Code 495668
24. Vijendra Kumar Garhewal S/o Mr . Dilip Kumar Garhewal Aged About 32 Years R/o Ward No. 08, Village Silli , Post Silli, District Janjgir Champa , Chhattisgarh. Pin Code 495554.
25. Parvez Ali S/o Mr Salim Ali Infro9nt Of Old Nursury Jawahar Nagar Ward, Medguda Jagdalpur , District District Bastar Chhattisgarh Pin Code 494007
26. Rishabh Kumar Pandey S/o Mr Harishankar Pandey Aged About 25 Years R/o Ward No. 12, Behind Carmel School , Namnakala Ambikapur , Chhattisgarh Pin Code 497001
27. Rekha Jaiswal D/o Shyamlal Jaiswal Aged About 34 Years R/o Village Udaypur , District Sarguja , Chhattisgarh Pin Code 497116.
28. Pooja Gupta D/o Mr Anil Gupta Aged About 24 Years R/o Rasulpur, Near Choti Masjid Ambikapur District Sarguja Chhattisgarh. Pin Code 497001.
29. Vinod Kumar Patel S/o Setram Patel Aged About 24 Years R/o Village Bandhapali, Post Madhavpali, Tahsil Sarangagrh District Raigarh , Chhattisgarh Pin Code 496551
30. Mahesh Nishad S/o Girdhari Lal Nishad Aged About 25 Years R/o Malideepa Boerdadar Behind Gaytri Temple Raigarh, Chhattisgarh Pin Code 496001.
-11-31. Anil Kumar Dewangan S/o Late Mr Ambikeshwar Prasad Dewangan Aged About 39 Years R/o Purana Machali Bazar Ward No. 08, Sarangarh District Raigarh Chhattisgarh Pin Code 496445
32. Mukesh Kumar Chauhan S/o Mr. Patiram Chauhan Aged About 32 Years R/o Village Godihari Tahsil Sarangarh, District Raigarh , District Raigarh Chhattisgarh Pin Code 496446.
33. Domendra Mandawi S/o Mr Rajkumar Mandawi Aged About 31 Years R/o Khordo Post Khundani Block Gurur, District Balod Chhattisgarh Pin Code 491227
34. Deepika Dewangan D/o Mr Kumbhlal Dewangan Aged About 28 Years R/o House No. 167, Satyam Vihar Colony Raipura District Raipur Chhattisgarh Pin Code 492013
35. Anjali Tiwari D/o Shri Balraj Tiwari Aged About 26 Years R/o Main Road Ward No. 6 Tehsil Dongargaon, District Rajnandgaon 491441
36. Sandeep Kumar Yadav S/o Mr Nakul Ram Yadav Aged About 34 Years R/o Village Pokhara, Post Parsada, Tahsil Rajim, District Gariyaband , Chhattisgarh Pin Code 493885
37. Pradeep Kumar Dewangan S/o Shri Jivadhan Lal Dewangan Aged About 32 Years R/o Village Deori Block Dondilohra District Balod Chhattisgarh 491771.
---- Petitioners Versus
1. State Of Chhattisgarh Through The Secretary, Govt. Of Chhattisgarh General Administration Department, Mahanadi Bhawan, Nawa Raipur Atal Nagar Chhattisgarh 492002., District : Raipur, Chhattisgarh
2. Chairman Chhattisgarh State Public Service Commission Shankar Nagar , Raipur Chhattisgarh.492001.
3. Exam Controller Chhattisgarh State Public Service Commission Shankar Nagar Raipur Chhattisgarh 492001.
---- Respondents WPS No. 2636 of 2021
1. Hemraj Sahu S/o Bise Lal Sahu Aged About 25 Years R/o House No. 112, Chaubhebandha, Baronda, Gariyaband, Rajim, Chhattisgarh, Pin. 496113
2. Doyal Sahu D/o Manish Kumar Sahu Aged About 24 Years R/o House No. 22/52 Lalbahadur Shashtri Ward In Front Of Middle School Patpar, Bhatapara, Baloda Bazar, Chhattisgarh
3. Amit Kaiwart S/o Late Shri Deonath Kaiwart Aged About 26 Years R/o Through Vikash Sharma, Shankar Nagar 2, Ward No. 25, Janjgir-Champa, Chhattisgarh
4. Umesh Janghel S/o Mr. Janghel Aged About 37 Years 08/9, R/o North Vasundhara Nagar Ward No. 16 Nhilai, Charoda Durg, Chhattisgarh -12-
5. Nohar Kumar Dhiwar S/o Indral Kumar Dhiwar Aged About 41 Years R/o Village And Post Office Korasi, Thana Kharora, District Raipur, Chhattisgarh, Pin Code 493225
6. Amardeep Tiwari S/o Shri Krishna Kumar Tiwari Aged About 34 Years R/o 70/1 Opposite Shiv Mandir, Indrasen Nagar Mangla Chowk Bilaspur, Chhattisgarh
7. Prakash Chand Gupta S/o Deepchand Gupta Aged About 25 Years R/o Vtc Nagapura, P.O. Nagapura Sub District Durg, District Durg, Chhattisgarh
8. Pratap Kosle S/o Anup Kosle Aged About 35 Years R/o G-41 Sector 3, Ekkta Nagar Thakkar Bappa Ward, Gudhyari Raipur, Chhattisgarh
9. Sandeep Kumar Verma S/o Shri Badr Prasad Verma Aged About 35 Years R/o 435 Rangudi Chowk, Latuwa, Baloda Bazar Chhattisgarh
10. Mayanka Dubey D/o Arun Kumar Dubey, D/o A.K. Dubey Aged About 27 Years R/o House Number Mig B58, Koni Road Krishna Vihar Colony, Bilaspur Chhattisgarh
11. Pratiksha Shukla D/o K P Shukla Aged About 25 Years Quarter No. E-65 Sector Vijayapuram Colony, Phase 1, Seepat Road Bilaspur, Lingyadih Bilaspur, Chhattisgarh
12. Vipin Kumar S/o Shri Jogesh Ram Aged About 27 Years R/o House No. 323 Gram Panchayat Gitpahar, Uttar Bastar Kanker Chhattisgarh
13. Uttra Sahu D/o Ramkhilavan Sahu Aged About 42 Years R/o Ward No. 28, House No. 306, Madhusudan Road, Dayalbandh, Juna Bilaspur, Chhattisgarh
14. Jyoti Singh D/o Dilip Singh Aged About 29 Years R/o House No. 60, Ward No. 5 Kopedih, Rajnandgaon, Chhattisgarh, 491441., District :
Rajnandgaon, Chhattisgarh
15. Narayani Mandavi D/o Ramesh Kumar Mandavi Aged About 32 Years R/o House No. 31, Ward No. 11, Tendutola, Rangakathera, Rajnandgaon Mohla, Chhattisgarh
16. Yogesh Kumar Patel S/o Shri Ramkumar Patel Aged About 28 Years R/o House No. 27, Ward No 13, Karaiharpara Near Kerapar, Ratanpur Rajnandgaon Bilaspur Chhattisgarh
17. Preeti Kashyap D/o Ishwar Prasad Kashyap Aged About 27 Years R/o Ward No. 7 Mela Ground Rest House Ratanpur, Kota, Bilaspur, Chhattisgarh
18. Shradha Patel D/o Shri Ramsharan Patel Aged About 33 Years R/o Karahaipara, Ratanpur, Kota, Bilaspur, Chhattisgarh
19. Srishti Dubey D/o Shri Umakant Dubey Aged About 24 Years R/o Post Office And Village Patna, Tehsil Baikunthpur, District Korea, Chhattisgarh
20. Gitanjali Yadav D/o Shri Dhananjay Yadav Aged About 29 Years Naya Rawan Bhatta, Bagbahara, Road Mahasamund, Chhattisgarh
21. Dakesh Kumar Yadav S/o Shri Indrjit Singh Sahu Aged About 28 Years R/o House No. 425/2 Ward No. 10 Hatri, Bazaar Gunderdehi, Balod Chhattisgarh
22. Kritika Sharma W/o Shri Shalabh Sharma, Q.No. 48 Avenue Sector 2, Bhilai 1 Durg Chhattisgarh.
-13-23. Ku. Madhu Shiwa Sao D/o Ram Niwas Sao Aged About 41 Years Caste Obc, R/o Sector 4, Quarter No. 471/A-5, Balco Nagar Korba, Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through The Secretary, General Administration Department, Dks Bhawan, Mantralaya, Raipur, Chhattisgarh
2. Chhattisgarh Public Service Commission Through Secretary, Shankar Nagar Road, Raipur, Chhattisgarh
3. Examinar Chhattisgarh Public Service Commission Through Examiner Controller, Shankar Nagar Road, Raipur, Chhattisgarh
---- Respondents WPS No. 2642 of 2021
1. Umesh Kumar Rangari S/o Nand Kumar Rangari Aged About 30 Years Resident Of Karwari , Dongargarh, District Rajnandgaon Chhattisgarh 495445
2. Kemendra S/o Sant Lal Aged About 32 Years Resident Of Durga Chauk, Korra (Hansalpur) Korra, District Dhamtari Chhattisgarh 493770
3. Bhupendra Kumar S/o Sant Lal Aged About 30 Years Resident Of Durga Chauk, Korra (Hansal Pur) Korra, District Dhamatri Chhattisgarh 493770
---- Petitioners Versus
1. The State Of Chhattisgarh Through The Secretary, Department Of General Administration, Mahanadi Bhawan, New Raipur Chhattisgarh
2. Chhattisgarh Public Service Commission Through The Secretary, Shankar Nagar Road, Bhagat Singh Square, Raipur Chhattisgarh
3. The Examination Controller Chhattisgarh Public Service Commission, Shankar Nagar Road Bhagat Singh Square, Raipur Chhattisgarh
4. The Secretary Chhattisgarh State Hindi Granth Academic Pt. Ravi Shankar Shukla University Premises, Infront Of Community Building Raipur , District Raipur Chhattisgarh
---- Respondents WPS No. 2658 of 2021
1. Durgesh Dixena S/o Laxman Prasad Dixena Aged About 26 Years Resident Of Village Lakhanpur Post Ofice Sutarra Pin Code 495445 Tehsil Pondi , Uprora District Korba Chhattisgarh
2. Sanjay Kumar Tandon S/o Vijay Kumar Aged About 26 Years Resident Of Minimata Chwok Temri Bemetara District Bemetara Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Secretary, General Administration Department , Dks Bhawan, Mantralaya Raipur Chhattisgarh
2. Controller Of Examination Chhattisgarh Public Service Commission, Shankar Nagar, Raipur Chhattisgarh -14-
3. Chhattisgarh Public Service Commission Through Its Secretary, Shankar Nagar, Raipur Chhattisgarh
---- Respondents WPS No. 2917 of 2021
1. Girija Shankar S/o Narendra Sahu Aged About 27 Years R/o Mohara Jewartala Ward Number 13 Jewartala Balod Chhattisgarh., District :
Balod, Chhattisgarh
2. Aman Pandey S/o Kunj Bihari Pandey Aged About 25 Years Resident Of Ward No. 08 Devkar Saja Bemetara District Bemetara Chhattisgarh.
---- Petitioner Versus
1. State Of Chhattisgarh Through Its Secretary, General Administration Department , DKS Bhawan, Mantralya , Raipur Chhattisgarh
2. Controller Of Examination Chhattisgarh Public Service Commission, Shankar Nagar, Raipur Chhattisgarh.
3. Chhattisgarh Public Service Commission Through Its Secretary, Shankar Nagar, Raipur Chhattisgarh.
---- Respondent WPS No. 2954 of 2021 Ravishankar Pandey S/o Shri Budhram Pandey Aged About 29 Years R/o House No. 183, Shukla Para, Siladehi, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Department Of General Administration, Mahanadi Bhawan, Atal Nagar, Naya Raipur Chhattisgarh
2. Chhattisgarh Public Service Commission Through Its Secretary Chhattisgarh , Kachana Pahuch Marg, Near Bhagat Singh Square, Civil Lines, Raipur, District Raipur Chhattisgarh.
3. Examination Controller Chhattisgarh Public Service Commission , Shankar Nagar Road, Bhagat Singh Square, Raipur , District Raipur Chhattisgarh.
---- Respondent WPS No. 3134 of 2021 Aman Tulsyan S/o. Vinod Kumar Tulsyan Aged About 28 Years R/o. Near S.B.I. Main Road Village And Post Belgahan, District Bilaspur (Chhattisgarh)
---- Petitioner Versus
1. State Of Chhattisgarh Through - Secretary, General Administration Department, Naya Raipur, P.S.- Rakhi, District Raipur (Chhattisgarh) -15-
2. Chhattisgarh Public Service Commission Through Secretary Shankar Nagar Road Raipur District Raipur (Chhattisgarh)
3. Controller Of Exam Chhattisgarh, Public Service Commission, Shankar Nagar Raipur, District Raipur (Chhattisgarh)
---- Respondents For Respective Petitioners : Mr. Arjit Tiwari, Mr. P. Acharya, Mr. Malay Jain, Mr. R. K. Verma, Mr. Yashpal Singh, Mr. Tanuj Patwardhan, Mr. Mahesh Kumar Mishra, Mr. Pravin Kumar Tulsyan, Advocates For State : Ms. Akanksha Jain, Dy. G.A. For Respondent-CGPSC : Mr. Anand Mohan Tiwari, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 23/07/2021
1. These bunch of writ petitions are being heard analogously, as common questions of law were raised and line of arguments advanced on all the sides are also being same. The relief sought for also being same, for convenience sake these writ petitions are being decided by this common order.
2. The challenge in all these writ petitions are the results of the preliminary examination conducted by the respondents in respect of the State Service Examination, 2020 conducted by the Chhattisgarh Public Service Commission(In short 'CGPSC'). The challenge in practically all the writ petitions are to the deletion of a couple of questions and also the amendment to the model answers initially published by the CGPSC. For convenience sake it would be relevant at this juncture to give the dates chronologically so far as factual aspects are concerned. An advertisement was issued as early as on 02.12.2020 for filling up of the various posts for -16- appointment to the State Services. The preliminary examination was conducted on 14.02.2021. The model answers of the questions asked in the examination was published on 15.02.2021. The objections were called from the participating candidates to the model answers. Subsequently, the amended/revised answer key was published on 14.03.2021 and results were published on the same day i.e. 14.03.2021.
3. The primary contention of the petitioners in all these bunch of writ petitions are that the deletion of the questions by the CGPSC and also the revised answer key published in respect of the various questions are perse incorrect and therefore the marking of the petitioners has been badly affected. According to the petitioners the model answers published to various questions were also incorrect which has also affected the results of the petitioners calling for an interference by this Court. For ready reference the questions on which the petitioners had raised their dispute in these writ petitions are :-
S. No. SET- A SET-B SET-C SET-D 1 3 53 35 62 2 8 58 40 67 3 20 70 2 79 4 21 71 3 80 5 38 88 20 97 6 39 89 21 98 7 41 91 23 100 8 43 93 25 52 9 49 99 31 58 10 64 14 99 30 11 70 20 55 36 12 87 37 72 3 13 98 48 83 14 14 99 49 84 15
4. Now contention of the most of the petitioners in the instant case was that the answers was provided in the model answer, in respect of a couple of -17- questions were totally incorrect. At the same time, the correct answers reflected as per the model answer in respect of a few questions again was incorrect and further the amended and revised answer key published subsequently also was not accurate in respect the aforementioned questions and lastly the decision of deleting a couple of questions also was not correct nor justified. There was no reason for deleting the same.
The broad contention of the petitioners were that the authorities concerned have not taken into consideration the literature and study materials normally used for preparation of the State Service Examination.
It was further contention of the petitioners that even otherwise it was the literature and study material which is basically available and having wide circulation which has not been considered.
5. Counsel for the contesting respondent i.e. CGPSC Mr. Anand Mohan Tiwari countering the submission made by the respective counsels appearing in the different writ petitions submitted that it is a case where initially model answers were published on 15.02.2021 and objections were called from the candidates. In the process large number of objections were received and these objections were thereafter placed to a panel of experts constituted by the CGPSC. That it was only after thorough scrutiny and research that panel of experts finally published the amended and revised answer key. Counsel for the CGPSC further submits that this Court on a couple of earlier occasion in WPS/2766/2021, WPS/2503/2021 & WPS/3282/2021 vide order dated 22.06.2021, 17.06.2021 & 06.07.2021 have dismissed three writ petitions in respect of the same examination where the grounds were also similar, if not identical. Hence the counsel for the CGPSC submitted that present set of writ petitions also therefore deserves to be rejected.
-18-6. After having heard the contentions put forth on behalf of each of the petitioners and also taking into consideration the submissions and explanations provided by the counsel for the CGPSC, this Court had asked the learned counsel for the State PSC to submit the records in respect of the manner in which the amended/revised answer key was published. Pursuant to which the learned counsel for the CGPSC had submitted the soft copy of the questions to which the bunch of writ petitions have been filed and this Court had the occasion of going through all the questions and its answers disputed in these bunch writ petitions and the manner in which the team of experts had scrutinized the various questions which were objected to and conclusion that they have arrived at and based on which the conclusion has been arrived.
7. Plain perusal of these documents it would reveal that the panel had in fact applied its mind and had considered the questions put forth both in the hindi Language as also in the translated english version and taking into account the factual discrepancies or differences that were there in the questions and also the factual anomaly in the terms used in the process of framing the questions a finding has been given. The finding given by the PSC also is supported by certain study material and literature available with them on the basis of which the finding has been arrived at. It is here that the judgment passed by this Court in WPS/2766/2021, WPS/2503/2021 & in WPS/3282/2021 needs consideration.
8. It would be relevant at this juncture to take note of the judgment of the Division Bench of this Court in W.A. No. 165/2020 (Umang Gauraha v.
State of Chhattisgarh & others) decided on 10.12.2020 being decided along with a bunch of other similar writ appeals wherein in paragraph Nos.
17 to 20 the Hon'ble Division Bench has held as under:
-19-"17. It is settled law that the Constitutional Courts must exercise great restraint in such matters and should be reluctant to entertain a plea challenging the correctness of the key answer,as the Judges are not Experts in every field to decide the issue either one way or the other. The matter can be dealt with only by the Experts in the field and judicial scrutiny can only be to the limited extent, to see whether proper course of action has been pursued by the agency conducting the selection or whether the final answers given are palpably wrong as discernible from the face of it, without going for any research.
18. The issue had come up for consideration before the Apex Court in Ran Vijay Singh (supra) where the fundamental principles were laid down in crystal clear terms as discernible from paragraphs-30 to 32, which are extracted below for easy reference :
"30. The law on the subject is therefore, quite clear and we only propose to highlight a few significant conclusions. They are:
30.1. If a statute, Rule or Regulation governing an examination permits the re-evaluation of an answer sheet or scrutiny of an answer sheet as a matter of right, then the authority conducting the examination may permit it;
30.2. If a statute, Rule or Regulation governing an examination does not permit re-evaluation or scrutiny of an answer sheet (as distinct from prohibiting it) then the Court may permit reevaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a process of rationalization"and only in rare or exceptional cases that a material error has been committed; 30.3. The Court should not at all re-evaluate or scrutinize the answer sheets of a candidate - it has no expertise in the matter and academic matters are best left to academics;
30.4. The Court should presume the correctness of the key answers and proceed on that assumption; and 30.5. In the event of a doubt, the benefit should go to the examination authority rather than to the candidate.
31. On our part we may add that sympathy or compassion does not play any role in the matter of directing or not directing reevaluation of an answer sheet. If an error is committed by the examination authority, the complete body of candidates suffers. The entire examination process does not deserve to be derailed only because some candidates are disappointed or dissatisfied or perceive some injustice having been caused to them by an erroneous question or an erroneous answer. All candidates suffer equally, though some might suffer more but that -20- cannot be helped since mathematical precision is not always possible. This Court has shown one way out of an impasse - exclude the suspect or offending question.
32. It is rather unfortunate that despite several decisions of this Court, some of which have been discussed above,there is interference by the Courts in the result of examinations. This places the examination authorities in an unenviable position where they are under scrutiny and not the candidates. Additionally, a massive and sometimes prolonged examination exercise concludes with an air of uncertainty. While there is no doubt that candidates put in a tremendous effort in preparing for an examination, it must not be forgotten that even the examination authorities put in equally great efforts to successfully conduct an examination. The enormity of the task might reveal some lapse at a later stage, but the Court must consider the internal checks and balances put in place by the examination authorities before interfering with the efforts put in by the candidates who have successfully participated in the examination and the examination authorities. The present appeals are a classic example of the consequence of such interference where there is no finality to the result of the examinations even after a lapse of eight years. Apart from the examination authorities even the candidates are left wondering about the certainty or otherwise of the result of the examination - whether they have passed or not; whether their result will be approved or disapproved by the Court; whether they will get admission in a college or University or not; and whether they will get recruited or not. This unsatisfactory situation does not work to anybody's advantage and such a state of uncertainty results in confusion being worse confounded. The overall and larger impact of all this is that public interest suffers."
19. As observed in paragraph-30.5, the Apex Court alerted all concerned that in the event of a doubt, the benefit should go to the examination authority rather than to the candidate. This being the position, even if it is to be held that the Writ Petitioners have referred to some literature in their hand to support their answers, that by itself is not sufficient to hold that the Expert opinion relied on by the Respondent- Board is bad in all respects or to be ignored. The observations made by the Apex Court in Ran Vijay Singh (supra) were adverted to in the subsequent decision in Uttar Pradesh Public Service Commission (supra). It was reiterated in the said judgment(paragraph-12) that the law is well settled that the onus is on the candidate to not only demonstrate that the key answer is incorrect but also that it is a glaring mistake which is totally apparent and no inferential process or reasoning is required to show that the key answer is wrong. It was simultaneously observed that the Constitutional Courts must exercise greatrestraint in such matters and should be reluctant to entertain a plea challenging the correctness of the key answer. The Apex Court then held in paragraph-14 that if there are conflicting views, then the Court must bow down to the opinion of the Experts, Judges are not and cannot be Experts in all fields and,therefore, they must exercise great restraint and should not overstep their jurisdiction to upset the opinion of the Experts.
20. When the Writ Petitioners seek to rely on the decision rendered by the Apex Court in Guru Nanak Dev University v. Saumil Gargand Others reported in (2005) 13 SCC 749 (paragraph-12)seeking to -21- revisit the final answer key, it is discernible from the declaration made by the Apex Court in 'paragraph-9' of the same verdict that, insofar as the key answers are concerned, the benefit of doubt, as per the law well settled by the Apex Court,has to go in favour of the examining body. Similarly, we are of the view that the verdict passed by the Apex Court in Richal and Others v. Rajasthan Public Service Commission and Others reported in (2018) 8 SCC 81 (paragraph-20) sought to be relied on by the Petitioners to cause reappraisal of the key answer by another Expert Committee does not come to their rescue, as the inference made therein is for the reasons as discussed on specific facts; simultaneously alerting that the scope of judicial review in such matters is very limited."
9. Taking note of the aforesaid judgment of the Division Bench, this Court on 17.06.2021 in WPS No. 2503/2021 (Gajendrapal v. Chhattisgarh Public Service Commission & others), in WPS/2766/ 2021 & in WPS/3282/2021 have also relied upon the aforesaid judgment of the Division Bench, which in turn was on the basis of a couple of judgments of the Hon'ble Supreme Court dismissed the writ petitions. In the instant case also as per the instructions received by the State Public Service Commission, the 14 questions referred to by the petitioners herein i.e. questions No. 3, 8, 20 21, 38, 39, 41, 43, 49, 64, 70, 87, 98 & 99 in set-A of Paper-1 (General Studies), the answers have been corrected or deleted, on the basis of the findings given by the team of experts. As such the judgment of the Division Bench in the case of "Umang Gauraha" squarely applies to the facts of the present case, so far as the final answers being published after due scrutiny by a team of experts.
10. In a competitive examination which is conducted, of late it is found that there are a large number of study materials available in the market which have been relied upon by the various candidates and when there are a large number of study material available it is bound to happen that answers shown to a particular question is answered in a different way in some of the study materials and it is here that candidates file their objections to the model answers that are published. These objections are thereafter scrutinized and considered by a panel of experts constituted by the -22- CGPSC. Many a times the objections raised by the candidates are accepted which leads to the publication of the revised answer and many a times objections are also rejected.
11. In the process the answer key published in the model answer gets deviated or remains unchanged and in the given situation if the objections or the contentions of the petitioners herein are accepted and answers published by way of the revised answer key is ordered to be revised again.
It can give rise to a fresh set of objections and litigations whereby the candidates who have now found to be selected may get adversely affected and they may also get eliminated from the select list and in the process it becomes a never ending saga. It is for this reason the Hon'ble Supreme Court has time and again given due weightage to the opinion of experts and have held that Judges would not, cannot and should not be considered to be expert of experts. All that is required to be scrutinized while exercising the power of judicial review is whether there has been proper application of mind by the team of experts and whether there was cogent study material or literature available with the team of experts in the process of deciding the objections raised by the candidates. If these two requirements are met, the scope of judicial review becomes minimal. To a given questions, there is a possibility of a different interpretation or different way it should had been asked for answers and if the team of experts have chosen the answer based upon the study materials and literature available with them. The decision arrived at cannot be said to be either arbitrary or without any basis and for this reason also this Court hardly finds any scope of indulgence to the results published by the CGPSC so far as State Service Commission, 2020 is concerned.
-23-12. In view of the aforesaid factual matrix of the case and also in the light of the judgment of the Division Bench in the case of "Umang Gauraha"(supra) and also the order passed by this Court in the case of "Gajendrapal"
(supra) and other similar petitions, the present bunch of writ petitions sans merit.
13. For all the aforesaid reasons all these writ petitions being devoid of sufficient merit deserves to be and are accordingly rejected.
Sd/-
(P. Sam Koshy) Judge Rohit