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10. Likewise, the engagement of IBPS as an examination conducting agencies lacks transparency and fairness hence by the said act of the respondents, the fundamental rights of the petitioners are vitiated. Learned counsel had further averred that the following are indispensable ingredients by which any public domain examination can be considered unprejudiced:

10.1 Disclosure of question booklets/ allow the candidates to take along the question booklets.
10.2 Publication of model answer key.

43. As per the provisions of Section 3 of the RTPP Act, to regulate the public employment and with the main objective of ensuring transparency, fairness and un-biasness; to promote fair competition among all the bidders, and to enhance efficiency and economy the State government has formulated the RTPP Act, 2012. While taking note of the provisions of Section 3(2)(d) of the Act, it can be deduced that the Board herein falls under the ambit of "procuring entity".

"3. Application- (1) This Act shall apply to all procuring entities referred to in sub-section (2). (2) For the purposes of this Act, "procuring entity"
26. That all the candidates who had appeared in Paper VI (General Knowledge) had a common level playing field and in the absence of any material on record in rebuttal, the submission is not sustainable and deserves rejection. But to keep transparency in the process of holding examination, particularly in such cases where there is a multiple-choice question paper, it is always advisable that for such question papers, there shall always be an OMR sheet which may be provided to the candidates so that the question paper can be retained by each of the participants and after the examination is held, a provisional answer key is to be uploaded inviting objections from the candidates who had participated in the selection process, to be furnished within a reasonable time and after collating such objections, the same be placed before a subject expert committee to be constituted by the recruiting/competent authority and after the report is submitted by the subject expert committee, the same be examined by the recruiting authority and thereafter the final answer key is to be uploaded. We make it clear that no presumption is to be drawn that the result has to be declared, but at least the candidates may be [2024:RJ-JP:49565] (47 of 56) [CW-3567/2024] provided the final answer keys to enable them to make their own assessment. This is one of the mechanisms by which fairness and transparency which is a sine qua non in the public employment can be resorted to."
72.1 The examination/recruitment supervising authority, the respondent-RSPCB and the respodnent-IBPS are directed to carry out the selection process, strictly in accordance with law and as per the ratio held in paragraph no. 26 of the judgment titled as Harkirat Singh Ghuman (Supra). For the sake of brevity the relevant extract/directions from the afore-cited ratio is reproduced herein below:
26. That all the candidates who had appeared in Paper VI (General Knowledge) had a common level playing field and in the absence of any material on record in rebuttal, the submission is not sustainable and deserves rejection. But to keep transparency in the process of holding examination, particularly in such cases where there is a multiple-choice question paper, it is always advisable that for such question papers, there shall always be an OMR sheet which may be provided to the candidates so that the question paper can be retained by each of the participants and after the examination is held, a provisional answer key is to be uploaded inviting objections from the candidates who had participated in the selection process, to be furnished within a reasonable time and after collating such objections, the same be placed before a subject expert committee to be constituted by the [2024:RJ-JP:49565] (55 of 56) [CW-3567/2024] recruiting/competent authority and after the report is submitted by the subject expert committee, the same be examined by the recruiting authority and thereafter the final answer key is to be uploaded. We make it clear that no presumption is to be drawn that the result has to be declared, but at least the candidates may be provided the final answer keys to enable them to make their own assessment. This is one of the mechanisms by which fairness and transparency which is a sine qua non in the public employment can be resorted to."