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"17. To the same effect, this Court in Guru Nanak Dev
University v. Saumil Garg, had directed the University to
revaluate the answers of 8 questions with reference to
key answers provided by CBSE. This Court also
disapproved the course adopted by the University which
has given the marks to all the students who had
participated in the entrance test irrespective of whether
someone had answered questions or not.
18. Another judgment which is referred to is Rajesh
Kumar v. State of Bihar, where this Court had occasion
to consider the case pertaining to erroneous evaluation
(38 of 61) [CW-2253/2022]
using the wrong answer key. The Bihar Staff Selection
Commission invited applications against the posts of
Junior Engineer (Civil). Selection process comprised of a
written objective type examination. Unsuccessful
candidates assailed the selection. The Single Judge of
the High Court referred the "model answer key" to
experts. Based on the report of the experts, the Single
Judge held that 41 model answers out of 100 are wrong.
The Single Judge held that the entire examination was
liable to be cancelled and so also the appointments so
made on the basis thereof. The letters patent appeal
was filed by certain candidates which was partly allowed
by the Division Bench of the High Court. The Division
Bench modified the order passed by the Single Judge
and declared that the entire examination need not be
cancelled. The order of the Division Bench was
challenged wherein this Court in para 19 has held:(SCC
p.697)
"19. The submissions made by Mr Rao are not without
merit. Given the nature of the defect in the answer key
the most natural and logical way of correcting the
evaluation of the scripts was to correct the key and get
the answer scripts re-evaluated on the basis thereof.
There was, in the circumstances, no compelling reason
for directing a fresh examination to be held by the
Commission especially when there was no allegation
about any malpractice, fraud or corrupt motives that
could possibly vitiate the earlier examination to call for a
fresh attempt by all concerned. The process of re-
evaluation of the answer scripts with reference to the
correct key will in addition be less expensive apart from
being quicker. The process would also not give any
unfair advantage to anyone of the candidates on account
of the time lag between the examination earlier held and
the one that may have been held pursuant to the
direction of the High Court. Suffice it to say that the re-
evaluation was and is a better option, in the facts and
circumstances of the case."