DIVYA S.J. Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition has been filed challenging the order dated 19.02.2020 in O.A. No.1920/2018. The issue involved in this case is regarding the dispute raised by the petitioners with reference to certain questions in the examination conducted by the Kerala Public Service Commission (KPSC) for the purpose of selecting candidates for appointment to the post of Medical Officer (Ayurveda). The examination was conducted on 28.6.2018. The question paper had 100 questions in Optical Mark Recognition mode and answer key was published on 7.9.2018. Thereafter, some objections were brought to the notice of KPSC relating to various questions and ultimately, after decision by an Expert Committee, several questions were deleted and a revised answer key was published on 25.6.2019. While issuing the final answer key, several questions were deleted. Petitioners submit that in respect of certain questions two answers were possible and there is ambiguity in respect of answers given in the final answer key by the KPSC. The Tribunal, after considering the entire aspects of the matter formed an opinion that no attempt could be made to consider the questions and answers by referring to the text books and opinion of expert decision. In so far as the petitioner was unable to demonstrate that the answers to the particular question was demonstrably wrong, it is not open for the Tribunal to interfere with the selection process.

(2.) We heard the learned counsel for the petitioners who reiterated the contentions. According to him, after examination several questions were evaluated and deleted. Again the Expert Committee considered the objections and thereafter gave a report with reference to 13 questions, of which in respect of 12 questions they unanimously agreed in an answer and in respect of one question, namely, question No.73 they had different opinion.

(3.) Apparently, this is a case in which an Expert Committee had examined the complaints with reference to the provisional answer key and thereafter they issued the final answer key. Still there was objection and again 3 experts were consulted and they had also given an opinion with reference to 13 other questions which are serially numbered at page 3 of the reply statement filed on behalf of the KPSC. With reference to question No.73, the same had been deleted.