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Md. Farooque & Anr vs The State Of Bihar & Ors on 31 August, 2015 cites

Orissa Public Service Commn.& Anr vs Rupashree Chowdhary & Anr on 2 August, 2011

34. It has been argued, on behalf of the appellants, that they would have cleared the eligibility test, had they been awarded additional marks in lieu of incorrect framing of questions and now since, in the light of the order of the learned Single Judge, Patna High Court LPA No.1287 of 2015 dt.31-08-2015 36 under appeal, they would not be qualifying for the purpose of appointment as an Urdu teacher, a sympathetic approach may be adopted by the State government and the Board by relaxing the minimum qualifying marks so that all persons, who were declared pass prior to the decision of the learned Single Judge under appeal, may be accommodated as a large number of posts of Urdu teachers are lying vacant and if such a relaxation is granted, in the peculiar facts of the present case, all such candidates can be appointed against the said posts. We are afraid this can be done either by the appointing authorities by taking a policy decision to this effect or any like direction can be issued by this Court in the present proceedings. We have already expressed our view, that fixing of minimum qualifying marks in the eligibility test is under guideline which are statutory in nature. As has also been mentioned above, the said guidelines have been incorporated at appropriate place in statutory Rules framed by the State government in the year 2012. The statutory Rules, framed by the State government, do not contemplate relaxation of minimum qualifying marks. The minimum percentage of marks, in the eligibility test, is the eligibility criteria under the rules. In our considered view, in the absence of any specific provision for grant of relaxation, no relaxation can be given. This view finds support from the Supreme Patna High Court LPA No.1287 of 2015 dt.31-08-2015 37 Court's decision, in case of Orissa Public Service Commission Vs. Rupashree Chowdhary, reported in (2011) 8 Supreme Court Cases 108. Paragraph 10 of this decision, being relevant for the present purpose, is, accordingly, being extracted hereinbelow:-
Supreme Court of India Cites 0 - Cited by 86 - M Sharma - Full Document

Manoj Kumar & Ors vs The State Of Bihar & Ors on 23 September, 2010

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.
Patna High Court Cites 4 - Cited by 29 - S K Singh - Full Document
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