S.R.Singh, J. - (1.) The petitioners in this bunch of writ petitions applied for and appeared in the U. P. Combined State/Subordinate Services (Pre) Examination, 2001. On the declaration of result on 28.6.2001, they found themselves to have failed to succeed for the main examination. The petitioners who claim to have brilliant academic record have now approached this Court for issuance of writ in the nature of mandamus directing the respondent the U. P. Public Service Commission to produce the record of the U. P. Combined State/Subordinate Service (Pre) Examination, 2001, and upon evaluation of their answer sheets, direct the Commission to treat them as successful candidates entitled to appear in the main examination.
(2.) We have had heard counsel appearing for the petitioners in their respective cases and Sri B. N. Singh representing the U. P. Public Service Commission as well as learned standing counsel representing the State. We have also perused the answer sheets of some of the petitioners particularly those relating to the optional subject of History in view of the allegations made in the writ petition that the answer given by candidates, though correct were not evaluated. Learned counsel, particularly Sri V. P. Mathur appearing for petitioners in some of the writ petitions, tried to assail the result of the impugned examination basically on the ground that scaling system adopted by the Commission is arbitrary being based on no rational principles and, therefore, proceeds the submission, the result of the entire examination is vitiated. Learned counsel appearing for the Commission, on the other hand, submitted that there was no mistake in evaluation of the answer sheets and the scaling system adopted by the Commission is based on scientific formula evolved for the purpose of ensuring due representation of candidates from different subjects or branches of study. Learned counsel appearing for the Commission further submits that it is not for this Court to re-evaluate the answer sheets and supplant the conclusions arrived at by the Commission by its own conclusion. The decision of the examining body about the correctness or otherwise, it has been submitted by the counsel, is based on the answers supplied by the experts of the concerned subjects and the evaluation of the answer sheets is done with the help of two computers. In the event of any difference, answer sheets are checked manually. Learned counsel has produced the formula on the basis of which the scaling is done by the Commission.
(3.) From the short counter-affidavit filed on behalf of the Commission, it would appear that the petitioners stood lower in merit, i.e., to say they failed to come up to the desired level of performance so as to secure a position within the range of cut-off point decided by the Commission, i.e., 15 times the number of vacancies in the respective categories. Having given our anxious consideration to the submissions made across the Bar, we veer around the view that the petitioners have failed to make out a case for interference by this Court. The conduct of the business of the Commission is regulated by the Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985 (in short the Act). Section 10 of the Act which provides for extension and moderation of question papers reads as under : "10. (1) Every question paper shall be set by the three different paper setters, who shall not belong to the same place. (2) Sealed question papers received from paper sellers shall be kept in the custody of the Controller of Examination. (3) The sealed envelopes, containing question papers received from the three paper setters, shall be handed over to the concerned moderators against a receipt. (4) The Moderators shall moderate all the three question papers, place them in separate covers under their seal, without making any mark of identification on the cover and hand them over to the Controller of Examinations or his nominee against a receipt. (5) The Controller of Examinations shall choose any of the moderated question papers of a subject without opening the sealed covers and send it as such to the press, which shall be responsible for printing the question papers including the proof reading, and for preparing packets of question papers for all examination centres under Its seal. In accordance with information furnished by the Controller of Examinations. (6) The press shall be responsible for maintaining the secrecy of the question papers, and the Controller of Examinations shall issue necessary directions and take necessary precautions to ensure such secrecy.";