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With the consent of all the learned counsels the writ petitions have been taken up for hearing.

PETITIONERS' SUBMISSIONS:

The lead argument in this batch of cases was commenced in W.P.No.11033 of 2021 by Sri B. Adinarayana Rao, learned Senior Counsel for the petitioners. Learned Senior Counsel briefly touched upon the history of the case and pointed out that in W.P.No.11033 of 2021 the crux of the issue (as described in the Writ Petition) is the conduct of the main examination, evaluation of answer scripts, which are outsourced to an unknown entity, and a new concept of 'digital evaluation' being introduced by the A.P.Public Service Commission. The learned Senior Counsel drew the attention of this Court to the interim order that was passed in this batch of cases on 16.06.2021. He points out that in the interim order itself there was a discussion about the issues raised and thereafter the order was passed. He points out that in the interim order in page 10, this Court noticed that the essential issue raised is about the appointment of the third party to digitally evaluate the answer script, the methodology that is adopted by them for the purpose of selecting the agency and their experience in evaluation of such papers. He next draws the attention of the Court to the paragraph 1 of the part described as on "Consideration by the Court" wherein it is mentioned that this Court prima facie noticed that Clause 17 of the Notification is not complied with. He also points out that in paragraph 2, this Court commented upon the process by which the State or the State instrumentality can award a contract and that no details were forthcoming as to how the third party was selected and what is the criteria of their selection. The prima facie opinion expressed by this Court that the system of selection of this third party is not disclosed and their qualifications, expertise, their domain knowledge etc., is not spelt out is highlighted now. He also points out that as per Clause 17 of the Rules provides that any change in evaluation should be brought to the notice of all the persons concerned, which includes the applicants, for the examination. Whether the press statement meets the rigor of Clause 17 is an issue commented upon by this Court as per him. He submits that the change in the method of evaluation, the questions regarding examiner bias/variability, moderations etc., were left open for further investigation. Relying upon the other part of the paragraph he points out that this Court prima facie came to a conclusion that it is not clear who evaluated the papers. Their expertise was also not spelt out. He also draws the attention of this Court to the order of the Jammu and Kashmir High Court (W.P.C.No.2255 of 2019, dated 06.08.2019), which is considered in paragraph 4 of the judgment, and also the conclusion at the end of the para 4 where the following questions were posed -
9. 11026 of 2021 ...to declare the action of the respondent in evaluating the main exam answer scripts of Group-I Service held vide Notification No.27/2018, dated 31.12.2018 through digital evaluation mode as illegal and to set aside the decision for digital evaluation vide Minutes of the Meeting dated 28.10.2020 as illegal and arbitrary.

The first issue that this Court has to decide is about the appointment of a third party for evaluation of the answer scripts. Prayers in various Writ Petitions were reproduced earlier. The sum and substance of the challenge in all these writ petitions is about the appointment of third party for the purpose of evaluation of the answer scripts and about the methodology adopted in going for digital evaluation. Since counters were filed in W.P.No.10866 of 2021 twice these two counters would be referred to as the 1stcounter and the 2nd counter in this order. They were also so relied on by the learned counsels.

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With regard to "evaluation of the papers" it is stated in the 1st counter affidavit filed that evaluation of papers is always delegated to experts (para-4), the same was done in this case also (para-4). In para-7 also it is reiterated that evaluation is always been outsourced to the subject / domain experts. In para-8 it is reiterated that "it was announced widely through press that Group-I mains digital tabs would be used and evaluation of answer scripts would be in the digital mode" (para-8 of page-7). Again in paragraph 11 at page 8 it is reiterated that "the decisions taken by the Commission, including the opting of digital valuation process was arrived at by a proper consultative process..... It is reiterated in the last line that the Commission cannot / does not evaluate answer papers, always gets it done by subject experts, did the same this time through digital mode in view of Covid.