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Aggrieved by the judgment and order of the Karnataka Administrative Tribunal, the Karnataka Public Service Commission preferred writ petitions before the High Court of Karnataka at Bangalore being Writ Petition Nos. 12548-12589 of 2002 which have been disposed of by the impugned common judgment and order.

The Karnataka Administrative Tribunal concluded that the valuation of the answer scripts could not be regarded as fair. In the facts and circumstances of the case no distinction could be made between answer scripts validly valued and those not validly valued. It was, therefore, necessary that all the answer scripts should be re-evaluated. Accordingly, it directed the Karnataka Public Services Commission to get all the answer scripts valued afresh by appointing examiners who are in no way interested in the candidates taking the examination. The examiners were to be appointed after verifying their declaration that none of their relatives specified in the format of the declaration was a candidate. The Commission was directed to erase all the code numbers and give fresh code numbers to the answer scripts relating to the compulsory as well as the optional subjects. It, further, directed that all answer scripts wherein more than 60% marks were awarded must be valued by a set of two examiners. In case there was a difference exceeding 5% of the marks in evaluation by the two examiners, the matter must be referred to the third examiner. It also directed that Karnataka Public Service Commission shall permit re-evaluation of answer scripts of all those candidates who seek such re-evaluation within the time to be specified, and on such payment as may be determined. It further obliged the Commission to furnish to all candidates marks obtained by them in all the papers.

The High Court, however, modified the directions of the Tribunal. It came to the conclusion that in the facts and circumstances of the case it was not necessary to get all the answer scripts re-evaluated. It directed moderation/random review by the Head Examiner and Chief Examiner only in regard to subjects where the same had not been adequately done earlier. This had to be done in the manner suggested by the Public Service Commission in para (b) of its memo dated March 27, 2002 which reads as follows :-

On the question of re-evaluation by Head Examiner/Chief Examiner, the High Court has placed the subjects into two categories viz; those where sufficient percentage of answer scripts as required by the Rules had not been taken up for random review/moderation, and secondly, those where the random review/moderation is either found to be unfair (as in the case of Prof. Shivanna), or where the variation of marks awarded by the examiner and the Chief Examiner/ Head Examiner was plus or minus 20 or more. The High Court has recorded reasons for directing re-evaluation in only some of the subjects. In regard to other subjects the High Court has found that sufficient number of answer scripts were randomly evaluated and moderated, and further there was no conspicuous variation in the award of marks by the examiners and the Head Examiners. Obviously, therefore, there was no need to get such answer scripts re-evaluated. However, where sufficient number of answer scripts were not re-evaluated by Head Examiner/Chief Examiner as required by the Rules, the High Court was certainly justified in directing compliance of the Rules.

Then remains the question as to whether it will make any difference in the instant case if the scaling method is not applied to subjects where valuation and revaluation has been upheld by the High Court. In our view, it will make no difference because the High Court has not found it necessary to direct re-evaluation of answer scripts in those subjects where the average variation was not found to be more than plus or minus 20%. Thus, the subjects in which the High Court has not directed re-evaluation are those subjects where in any case the scaling method would not be applicable because the average variation of marks has been found to be within the prescribed parameter. We, therefore, uphold the direction of the High Court to apply the scaling method in re-evaluation of answer scripts pursuant to the order of the High Court.