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35. Our attention has been drawn by learned Senior Patna High Court LPA No.1287 of 2015 dt.31-08-2015 38 counsel, appearing for the Board, to the effect that the decision of this Court in case of Manoj Kumar (Supra), which has been relied upon by learned Single Judge, in his order under appeal, has been affirmed by a Division Bench decision of this Court reported in 2012 (1) PLJR 578 (Manoj Kumar Vs. State of Bihar and Ors.). Those cases had arisen out of preliminary test held by the Bihar Public Service Commission. In the said preliminary test, certain questions were found to have been incorrectly framed, which were decided to be weeded out for the purpose of re-evaluation of the mark sheets. On going through the said decisions, we find that on many occasions, situations had arisen, where, in a multiple-choice question type test, framing of incorrect questions came to be detected after the examination had been held by statutory bodies, sometimes suo motu and sometimes after objections having been raised by the test takers, giving rise to several litigations. In order to remedy such a situation, the bodies, holding such tests, adopt different ways and means, of which the present case is a living example. Initially, when the Board had detected certain questions to be wrong, it had decided to delete such questions and re- evaluate the answer sheets on the basis of the remaining questions on pro rata basis. Subsequently, when more questions were detected to be incorrect by the expert body, they decided to give Patna High Court LPA No.1287 of 2015 dt.31-08-2015 39 additional marks for each such incorrect question across the Board.

36. In our considered view, the learned Single Judge has rightly held that in a situation such as the present one, wrongly framed questions should be deleted and the answer sheets should be re-evaluated on the basis of remaining questions. The view, taken by learned Single Judge, is not only reasonable and rational view, it also ensures fair and equal treatment to all candidates, who participate in such a test, there being no disadvantage to any individual or undue advantage to the other. We do not find any infirmity in the order under appeal passed by learned Single Judge.

(c) If, after publication of result, despite due care, it is found that the model key answer/answers suggested was/were incorrect, leading to wrong evaluation, remedial measures Patna High Court LPA No.1287 of 2015 dt.31-08-2015 42 must be taken and answer-sheets must be re-

evaluated with correct model answers.