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Sri Goda Siva, learned counsel argues in line with what is submitted by his predecessors and he also points out that this is clear case of abdication of power and responsibility by the constitutional authority. He also relies upon the change in the counter and the variation in the stand of the APPSC. It is argued that the newspaper reports were not fully considered by this Court during the course of the interim order. But the learned counsel points out that in the counter affidavit that is filed it is mentioned that the newspapers, press conferences are correct and the contents of the report are correct. Therefore, he argues that the newspaper reports are correct. He submits that the change in the stand of the APPSC is clearly visible. Coming to the amendments of the rules, learned counsel argues that this is the crux of the defence. He points out that on the basis of amended rules it is argued that a new method of evaluation is adopted. However, he points out to the rules filed and more particularly argues that the annexure of Rule 17 is totally done away taking away the appointment of examiners (which is a prerogative of the Chairman). This argument is made without prejudice to his contention that the amendment is not done properly. He also argues that even though alleged change is an internal rule since it affects the functioning of the APPSC and also candidates and their futures they have a right to question the same. He also points out that the press statements which are relied upon by the respondent APPSC to justify the digital evaluation are of 2019 and by that time pandemic had not set in for the respondents to justify the method of digital evaluation as a method to avoid the pandemic and its risk. He also relies upon the document called the "Digital Evaluation Process" which is filed with the earlier counter at page 106 which clearly shows that evaluators are chosen from the pool belonging to the third parties. By relying upon this document learned counsel argues that it is clear that the entire process of evaluation itself was passed on to third party. He relies on the press clippings, which are certified by the Nodal Officers, are filed. Therefore, learned counsel argues that this is clear case of abdication of a constitutional duty by APPSC.
He points out very vehemently that the only change brought about in this case is the method of digital evaluation. It is this evaluation which is the subject matter of the dispute. He points out that in the notification it is the examination which has been notified as "conventional" and not the evaluation. Even otherwise, the learned counsel submits with considerable force that the petitioners like any other candidate appearing in any competitive examination does not have any intimation or knowledge about the paper setters or the paper evaluators. Even in the conventional method the question papers were set by an expert who was selected by the APPSC from various academic and other institutions. Neither the petitioners nor any other candidate appearing for the examination had any role in this selection. Similarly, even the correction / evaluation of written papers was done by a pool of evaluators, who are chosen by the APPSC from various sources. APPSC evaluates their credentials, integrity and knowledge to evaluate the papers and then selects them. The petitioners do not have a choice in this. Learned counsel points out that in the present case also except for digital evaluation the rest of the procedure has been followed carefully. Therefore, he submits that the petitioners cannot have a grievance about the same. As far as the safeguards for digital evaluation are concerned, learned counsel relying on the counter affidavit points out that all the requisite safeguards were taken for scanning and sending the papers to the evaluators. The question of any variations / bias etc., during evaluation has also been answered by providing for check evaluation; further evaluation in the case of discrepancy in marks etc. Apart from this learned counsel also points out that the petitioners have never objected to this method or methodology earlier. He points out that press releases were given in December-2019, but the petitioner never questioned the same till the writ petitions were filed. For the preliminary examination also which was conducted in 26.05.2019 the questions were set by a 3rd party and evaluated, in the digital mode. Only after the results were announced for the mains the present Writ Petition is filed and more particularly after the petitioners had failed to clear the examination. Having failed in the examination the petitioners are now before this Court. He, therefore, submits that their conduct estops from raising the present issues.
"from our pool of evaluators the evaluators are further shortlisted and picked up for digital evaluation".

It is also reiterated that the evaluators were subject matter experts chosen based upon education background, qualifications, experience, ability to handle digital evaluation, interest in online evaluation. Lastly, it is mentioned for this evaluation process for total 123 evaluations have been used and a team of 26 members in quality control has been used. The last line of this document under the heading of "report generation" is as follows:

The main defence of the respondent APPSC is that the procedure / process for digital evaluation of papers was taken in the meeting dated 28.10.2020 (Page 117 of 1st counter). This is in fact an incomplete document but the full text is disclosed in a sealed cover letter. This forms the very foundation of the defence. In all the writs the prayer is to set aside this decision of adopting the digital evaluation. In W.P.No.11026 of 2021 the prayer is to "declare the action for digital evaluation.... vide minutes of meeting dated 28.10.2020 as illegal and arbitrary." The rules of procedure, 1988 of the APPSC are filed in many Writ Petitions as a material paper (Eg.W.P.Nos.11005 of 2021; 11033 of 2019;