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8. It is the correctness or otherwise of the said judgment and order passed by the High Court which is before us in these appeals by special leave.

9. We have heard Shri P.P. Rao and Shri Ravindra Srivastava learned Senior Counsels appearing for the appellants and Shri Mukul Rohtagi and Shri P.S. Patwalia learned Senior Counsels appearing for the respondents and have also carefully perused the documents on record.

10. Shri Rao would submit that the decision of the respondent-Board to re-evaluate the answer scripts in the absence of any statutory provisions for the same and subsequent publication of a revised merit list cancelling the appointment of the appellants is arbitrary and has caused prejudice to the appellants. He would further submit that Clause 14 of the Rules providing for procedure to be adopted in respect of erroneous objective questions is of a wider ambit and includes exigencies such as model answers to examination questions being incorrect and therefore, the respondent- Board instead of directing re-evaluation of answer scripts ought to have acted in compliance with the said statutory provision.

11. Per contra, Shri Rohtagi, learned Senior Counsel would submit that the re-evaluation of answer scripts affected three genre of objective questions: firstly, the eight questions in Paper II which were found incorrect; secondly, the eight questions in Paper II answers to which were found to be incorrect in the model answers key and thirdly, the questions in Paper I to which no model answers were provided for prior to the appointment of the Expert Committee. He would submit that the first set of eight questions was deleted and marks were awarded on a pro-rata basis in accordance with Clause 14 of the Rules. The second set of eight questions were re- evaluated on the basis of corrected model answers key and the third set of questions in Paper I, all being objective type, were re- evaluated with the aid of model answers key prepared by the Expert Committee. He would submit that the decision of the respondent- Board to re-evaluate the answer scripts has not caused any prejudice to the appellants-herein but in fact identified and rectified the irregularities in the earlier evaluation of answer scripts of the candidates and therefore, such decision cannot be termed as arbitrary, vindictive and whimsical.

16. In respect of the respondent-Board’s propriety in taking the decision of re-evaluation of answer scripts, we are of the considered view that the respondent-Board is an independent body entrusted with the duty of proper conduct of competitive examinations to reach accurate results in fair and proper manner with the help of Experts and is empowered to decide upon re- evaluation of answer sheets in the absence of any specific provision in that regard, if any irregularity at any stage of evaluation process is found. (See: Chairman, J & K State Board of Education v. Feyaz Ahmed Malik and others, (2000) 3 SCC 59 and Sahiti and Ors. v. The Chancellor, Dr. N.T.R. University of Health Sciences and Ors., (2009) 1 SCC 599). It is settled law that if the irregularities in evaluation could be noticed and corrected specifically and undeserving select candidates be identified and in their place deserving candidates be included in select list, then no illegality would be said to have crept in the process of re- evaluation. The respondent-Board thus identified the irregularities which had crept in the evaluation procedure and corrected the same by employing the method of re-evaluation in respect of the eight questions answers to which were incorrect and by deletion of the eight incorrect questions and allotment of their marks on pro-rata basis. The said decision cannot be characterized as arbitrary. Undue prejudice indeed would have been caused had there been re- evaluation of subjective answers, which is not the case herein.

19. Shri Rao would submit that the case of these appellants requires sympathetic consideration by this Court, since the appointment of appellants on the basis of a properly conducted competitive examination cannot be said to have been affected by any malpractice or other extraneous consideration or misrepresentation on their part. The ouster of 26 appellants from service after having successfully undergone training and serving the respondent-State for more than three years now would cause undue hardship to them and ruin their lives and careers. He would further submit that an irretrievable loss in terms of life and livelihood would be caused to eight appellants amongst them who have now become over aged and have also lost the opportunity to appear in the subsequent examinations. He would place reliance upon the decision of this Court in Rajesh Kumar and Ors. v. State of Bihar and Ors., 2013(3) SCALE 393 wherein this Court has directed the respondent-State to re-evaluate the answer scripts on the basis of correct model answers key and sympathetically considered the case of such candidates who, after having being appointed in terms of erroneous evaluation and having served the State for considerable length of time, would not find place in the fresh merit list drawn after re- evaluation and directed the respondent-State against ousting of such candidates and further that they be placed at the bottom of the fresh merit list.