G.P.Mathur, J. - (1.) This petition under Article 226 of the Constitution has been filed for quashing the result of the Civil Judge (Jr. Div.) Examination, 2000, which was declared on 25.9.2001. A further prayer has been made that the U. P. Public Service Commission be directed to declare the result of the aforesaid examination on the basis of actual marks secured by the candidates without applying the formula of scaling or in the alternative the scaling system should be applied to the marks awarded in interview and the result be declared thereafter.
(2.) The U. P. Public Service Commission (for short Commission) issued an advertisement for making selection on the post of Civil Judge (Jr. Div.) and it was notified that the last date for submission of application form for Civil Judge (Jr. Div.) Examination, 2000, was 30th November, 2000. The petitioners submitted their application forms and appeared in the written examination, which was held from 4th to 6th August, 2000. The result of the written examination was declared on 6th January, 2001 in which they qualified and thereafter they appeared in the interview conducted by the Commission. The final result of the examination was declared on 25th September, 2001. The petitioners were not selected, as their names did not appear in the merit list. It is averred in the writ petition that the Commission applied a system of scaling to scale the marks awarded by the examiners who examined the copies. In this process of scaling, the marks actually awarded by the examiners who examined the copies was completely changed, high marks of bright candidates were reduced and the low marks of poor and mediocre candidates were enhanced. The main ground for assailing the result of the examination is that the same has not been prepared on the basis of actual marks awarded by the examiners but on altogether different marks which had been arrived at by a process of scaling.
(3.) In the counter-affidavit filed on behalf of Commission (sworn on 23.11.2001), it is averred that there had been constant pressure on the Commission to introduce the system of scaling as was being done by Union Public Service Commission. There are many subjects and large number of examiners which results in great deal of variation of standard in evaluating the answer books. In order to reduce the aforesaid variation in evaluation by different examiners, the scaling system was applied using the appropriate statistical techniques and the system is uniformly applied to all the candidates appearing in the examination. In the supplementary counter-affidavit (sworn on 31.7.2002), it is averred that before Introducing the system of scaling, an indepth study was done by a Committee consisting of three professors, who made their recommendation on 2nd September, 1996. The Commission in its meeting held on 7th September, 1996, approved the recommendation and resolved to apply the formula of scaling and thereafter it was made applicable to P.C.S. (Preliminary) Examination, 1996 and also in P.C.S. (Main) Examination. Thereafter, the Commission in its meeting held on 30th March, 1999 decided to apply the scaling system in all the examinations.;