K.G.BALAKRISHNAN, J. - (1.) LEAVE granted.
(2.) THREE of these appeals have been preferred by the Uttar Pradesh Public Services Commission (hereinafter called as "U.P.P.S.C.") challenging the judgments rendered on 3.10.2002 and 11.12.2002 by the Division Bench of the High Court of Allahabad in civil miscellaneous writ petitions. The U.P.P.S.C. conducted various competitive examinations and in these examinations, the U.P.P.S.C. applied a system of scaling of marks awarded by the examiners who valued the answer papers. The system of scaling of marks was invoked in the U.P. Civil Judge (Junior Division) Examination held in August 2000, the result of which was published on 25.1.2001. Some of the candidates, who could not secure selection in the examination assailed the examination system adopted by the U.P.P.S.C. mainly on the ground that the introduction of scaling of marks was arbitrary and illegal. Their plea was accepted by the Division Bench and by judgment dated 3.10.2002, the Division Bench set aside the merit list prepared by the U.P.P.S.C. in respect of the Civil Judge (Jr. Division) Examination, 2000 and directed that the merit list be prepared afresh on the basis of actual marks secured by the candidates without applying the formula of scaling. SLP (Civil) No. 23723 of 2002 is filed against that decision. Similarly, U.P.P.S.C. held examination for the Provincial Civil Services (Executive Branch), Main Examination, 2001 and Provincial Civil Services (Executive Branch) Preliminary Examination, 2002. In both these examinations, U.P.P.S.C. applied the system of scaling. The results of these two examinations were also challenged on similar grounds and the Division Bench set aside the final merit list prepared by the U.P.P.S.C. in respect of these two examinations. SLP (Civil) No. 207 of 2003 is in respect of Provincial Civil Services (Executive Branch) Main Examination, 2001 and SLP (Civil) No. 208 of 2003 arises out of the examination of Provincial Civil Services (Executive Branch), Preliminary Examination, 2002. The remaining two appeals arising out of SLP (C) No. 3758 of 2003 and SLP(C) No. 6295 of 2003 have been preferred by candidates aggrieved by the aforesaid judgments of the High Court.
(3.) AT first, we shall consider the SLP (Civil) No. 23723 of 2002 in respect of Civil judge (Jr. Division) Examination, 2000. The U.P.P.S.C. advertised for selection of 147 posts of Civil Judge (Jr. Division) Examination, 2000. The examination consisted of written tests and viva voce. Total marks for written examinations were 850. 100 marks were assigned for viva voce. The details are as follows:- JUDGEMENT_531_JT8_2003Html1.htm Andidates appeared for the examination. For each of the subjects in the written examination, there were around 14 examiners and each of them evaluated about 300 answer sheets, except in language papers. U.P.P.S.C. had earlier held similar examination for Civil Ju'dge (Jr. Division) for selection of judicial officers in 1997 and 1999. According to the U.P.P.S.C., there was wide disparity in awarding marks by the various examiners in respect of the same subject. The answer sheets were randomised before being given to examiners. The randomisation was done at three stages, namely, at the stage of allotment of roll numbers, allotment of centre and at the time of distribution of answer sheets to the examiners for evaluation. U.P.P.S.C. received representation from several quarters to adopt a scientific method of evaluation of marks awarded by different examiners in respect of common papers. It was noticed that the different examiners adopted different yardsticks to award the marks to the cAndidates. Thus, the cAndidates were left at the whims of the examiners. The gross disparity between two sets of examiners resulted in injustice to some of the cAndidates and therefore a check was required. It was noticed that the marks awarded by two different sets of examiners required to be scaled in accordance with certain universally accepted method. U.P.P.S.C. considered the different facets of scaling system and appointed a three-member committee to carry out an in-depth study of the scaling system. The members of this committee consisted of professors from reputed universities. U.P.P.S.C. considered the recommendations made by the expert committee and on 7.9.1996 accepted the report of the Committee. U.P.P.S.C. resolved to apply the formula of scaling and thereafter, it was made applicable to the PCS Preliminary Examination, 1996 and also in PCS Main Examination held in 1996. Considering the utility of the scaling system, the U.P.P.S.C. decided in its meeting on 13.10.1999 to apply the scaling pattern for all the examinations conducted by them. In the case of Civil Judge (Jr. Division) Examination, 2000, the answer sheets were randomised in order to avoid duplicity or any possible mischief. The marks awarded by each examiner were considered and scaled in accordance with the formula adopted by the U.P.P.S.C. The said formula was based on opinion of experts on the subject and accordingly the result was published by the U.P.P.S.C. The merit list published by the U.P.P.S.C. was challenged by the respondents in SLP (Civil) No. 23723 of 2002 on the ground that the scaling system adopted by U.P.P.S.C. was confusing, arbitrary and without any reasonable basis. It was alleged that arbitrary marks were awarded to certain cAndidates in the name of scaling system to provide undue favour to them. It was contended that the U.P.P.S.C. had not disclosed the guidelines and criteria adopted in implementing the scaling system and, therefore, it was arbitrary and unjustified. It was also contended that several cAndidates had been awarded less than 40% marks without any basis whereas several other cAndidates who had secured lesser marks in the written tests were awarded more than 60% or 70% marks.;