GOPAL SINGH S/O SHRI GEMAR SINGH Vs. STATE OF RAJASTHAN THROUGH THE SECRETARY, DEPARTMENT OF EDUCATION
LAWS(RAJ)-2017-7-232
HIGH COURT OF RAJASTHAN
Decided on July 25,2017

Gopal Singh S/O Shri Gemar Singh Appellant
VERSUS
State Of Rajasthan Through The Secretary, Department Of Education Respondents

JUDGEMENT

DINESH MEHTA,J. - (1.) By way of the present writ petitions, the petitioners have prayed for a direction to reconduct the Rajasthan Eligibility Examination for Teachers2015 (hereinafter referred to as "REET- 2015") and/or to reevaluate the paper in light of the objections raised by the petitioners in the memo of the writ petition.
(2.) While hearing the matter for admission on 06th July, 2017, attention of this Court was drawn towards host of discrepancies in question paper, corresponding answers-key and the manner in which the said examinations were conducted, for which, this Court passed the following order:- "By way of the present writ petition, petitioner has prayed for a mandamus to reorganise/reconduct the Rajasthan Eligibility Examination for Teachers Test, 2015 (REET 2015) in wake of various discrepancies in the question paper and answer key published by the Convenor, REET. Mr. Mrigraj Singh, learned counsel appearing for the petitioner apprising the Court that the petitioner's question code is 'Z', navigated this Court through the final answer key and pointed out that the respondents have selected such questions which had more than one correct answers. The list of said MCQ's (Multiple Choice Questions) is given here infra:- JUDGEMENT_232_LAWS(RAJ)7_2017_1.html He simultaneously stated that, Questions No. 61 and 80 also suffer from the same lacunae, but are relevant in the present context, as the same pertained to language paper of Punjabi, in which the petitioner did appear. Learned counsel for the petitioner submits that the facts narrated above show recklessness, rather callousness in discharging of duty by the people, who are entrusted with the responsibility of conducting the examination. A look at the questions and their corresponding answers stated above, shows that the respondents were required to keep in mind that the question paper follows Multiple Choice Questions pattern, whereby each question is supposed to have singular correct answer out of the given multiple options, yet they have, inter alia, placed questions in the paper, having more than one correct answers. Such fact situation is dependent upon any probe or enquiry, as it is apparent from the showing of Respondent No. 3 itself, in the answer key published. It is but obvious that an incumbent appearing in such examination faced with multiple correct answers would get confused. It may be true that the petitioner's answers qua these questions may be correct and he may ultimately be entitled to get marks for his otherwise wrong answers, but nevertheless it is shocking to note that as much as seven questions had more than one correct answers. It is noteworthy that respondent No. 3 has awarded bonus marks for seven questions different from the above questions, leave apart various other questions, which were found incorrect by the expert committee, which was constituted for redressal of the grievance of the examinees. It is a matter of concern that Respondent No. 3 has awarded bonus marks for 7 other questions, but has paid any heed to the vice aforesaid and has permitted it to perpetuate, giving no solution. The above facts are shocking and unravel the lack luster attitude and negligent manner, in which the examination has been conducted. The discrepancies and inconsistencies as noticed above are enough to shatter the faith and confidence of the masses. In wake of such inconsistencies, the time has come to invoke serious remedial measures for restoring the sanctity of the examination process. In light of the facts canvassed, this Court is prima facie of the opinion that the entire examination process has been conducted in an unscrupulous and negligent manner. With a view to take remedial measures and reinforce the faith in the system, matter requires considers. Issue notice. Issue notice of stay application as well. Mr. Rakesh Arora accepts notice on behalf of respondent No. 3. Mr. Rajesh Panwar accepts notice on behalf of respondents No. 1 and 2 and pray for sometime to complete their instructions. In view of the facts and circumstances noticed above, it is deemed appropriate and hence ordered that the select list pursuant to the Rajasthan Eligibility Examination for Teachers, 2015 shall be finalized and if the same has been finalized, it shall be kept in abeyance, till the next date of hearing in this case, which at the request of the Respondents is being posted on 17th July, 2017. List on 17th July, 2017"
(3.) Pursuant to the concern expressed by this Court, an additional affidavit has been filed by the Secretary, Board of Secondary Education, Rajasthan, Ajmer-the Coordinator, REET-2015. The Coordinator, REET-2015, without disputing the discrepancies aforesaid, stated in her affidavit that the deponent being coordinator of REET comes to know about any error in answers to the questions, after completion of examination and declaration of result. The Secretary of the Board, in response to the concern shown by this Court has assured that the following procedure would be adopted in future:- "1. An affidavit will be obtained from the question paper setter with following undertaking:- (a) All the questions have been formulated correctly and all the questions have single answer, (b) No question has been taken directly from any book or guide but is a self prepared question. (c) All the questions are in accordance with the syllabus.] (d) The answers of the questions have been taken from the book having recognition and is disputed one. (e) With every question, the paper setter shall also enclose name of book, its page number and other details about the answers of the questions. (f) If any error/mistake or contradiction is found in the question or its answer then the paper setter will be debarred from preparing question paper in future and will be subjected to heavy monetary penalty, whichever is decided by the Co-ordination Committee. The format of affidavit, undertaking and terms and conditions are submitted herewith as Annexure-A. 2. Besides above, following measures will also be taken with a view to minimize errors in question paper and their answers:- a) Before preparation of the question papers, a workshop/meeting of the paper setter will be arranged apprising them with the procedure of preparation of question papers and to give them training to prepare correct question paper and their answers. b) Special attention will be given to prepare Multiple Choice Questions having single answers by sensitizing paper setter. c) A provision will be made to black list/debar/impose heavy penalty upon the printing press if any mistake is committed by the printing press in printing the question paper.";


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