D. N. Patel, J. - (1.) The letters Patent Appeal has been preferred by the original petitioner (appellant herein), whose writ petition bearing W.P.(C) 1116 of 2017, was dismissed by the learned single Judge vide judgment and order, dated 19-9-2017 and hence, the original petitioner has preferred this letters Patent Appeal.
(2.) Factual Matrix: • The respondent - Jharkhand Public Service Commission has issued an advertisement for the 6th Combined Civil Services Competitive Examination in the month of October, 2016. This advertisement was for inviting application for the Class-II posts (Civil services) in the State of Jharkhand. • Preliminary Examination was conducted on 18-12-2016 in which there were two papers-General Studies-I and General Studies - II, and each paper is having 100 questions, and marks are 200 for each paper. Thus, for General Studies - I and General Studies - II papers total marks are 400. • Total vacancies published was 326 and 15 times more are the candidates to be selected from the result of the preliminary examination for allowing them to appear in the main examination, and thus, from the result of the preliminary examination, first 4890 candidates will be allowed to appear in the main examination (326 x 15 = 4890). • The question papers are being set by the experts of the subject and normally 3 or 4 sets are being drafted by the experts, out of which one set will be selected and still there is several process for screening the questions etc., but, the facts remain that this preliminary examination is of the questions like multiple choice question (popularly known as M.C.Qs). • The Key answere are being prepared by the paper setters and after the examination is conducted the said key answers are being published. In the facts of the present case, also the key answers/model answers were published in the 3rd week of December, 2016 (Annexure-2). • These key answers/model answers are being published with laudable object that if there is any objection the same can be filed by the candidates either by registered post A/D or speed post or by had delivery. The suggestions and objections are to be considered so that model answers may be finalized, as accurate as possible. • All the objections and suggestions are placed before the Subject Expert Committee (SEC). • The said Expert Committee has carefully gone through the objections and suggestions received and in the facts of the present case, last date of giving objections and suggestions was 3rd January, 2017. • These objections and suggestions were carefully considered by the Subject Expert Committee and they have given a report. • This report was ordered to be presented by the learned single Judge, in the writ petition during the pendency of the writ petition. • On the basis of the report given by the subject Expert Committee, revised model answers/key answers were published in the 2nd week of January, 2017 (Annexure-5). • On the basis of the revised model answers/key answers, the result was published by the Jharkhand State Public Service Commission on 25-2-2017. Thereafter, some orders were passed by the learned single Judge and on 11-8-2017 again result was published for few candidates for whom the direction was given. The main examination is going to be commenced on 7-11-2017. • This appellant was aggrieved by the model answers/key answers published by the Jharkhand State Public Service Commission, and hence, writ petition being W.P.(C) No. 1116 of 2017 was preferred objecting the key answers, especially for question Nos. 14, 64 and 94 of General Studies - I paper, and question Nos. 16, 21 and 92 of Code D of General Studies - II paper. As the writ petition has been dismissed by the learned single Judge vide judgment and order dated 19-9-2017, the original petitioner has preferred the present letters Patent Appeal.
(3.) The arguments canvassed by the counsel for the appellant (original petitioner): I. Counsel appearing for the appellant has submitted that there are total 06 questions in which the key answers are wrong, and hence, 12 marks may be added in the result of this appellant. II. It is submitted by the counsel for the appellant that if the key answers are patently wrong, this Court has all the powers, jurisdiction and authority to interfere with the result published by the Jharkhand State Public Service Commission. III. Counsel appearing for the appellant has taken this Court to all the aforesaid questions and the correct answers and the wrongly given answeres in the model answers/key answers publihsed by the Jharkhand State Public Service Commission. IV. We have perused those answers. It is submitted by the counsel for the appellant that lastly selected candidate in general category has secured 103 marks and this appellant has been given 99 marks; this is the position of the papers of the General Studies - I and General Studies - II both, and if 12 marks are being added, this appellant may fall within the first permissible candidates for the main examination. Counsel for the appellant has submitted that if this Court is amitting theis letters Patent Appeal, subject to the result of this letters Patent Appeal this appellant may be permitted to appear in main exmination which is going to be commenced on 7-11-2017. V. It is further submitted by the counsel for the appellant that the representation was made by this appellant for giving suggestions and objections against the model answers/key answers published in the 3rd week of December, 2016, but the same was not considered. VI. It is further submitted by the counsel for the appellant that assuming, without admitting, that never any objection was raised by this appellant, then also if patently wrong answers have been published in the model answers/key answers, this Court has all the powers, jurisdiction and authority to interfere with the result published by the Jharkhand State Public service Commission. There are few other candidates, who have raised same objection and they have got receipt of the objections and suggestions by them. Thus, Jharkhand State Public Service Commission was aware about the same and also the objections raised by the similarly situated candidates. This aspect of the matter has not been properly appreciated by the learned single Judge while dismissing the writ application preferred by this appellant. Even if nobody has taken objection then also it the duty of the Jharkhand State Public Service Commission to give correct answer in the model answers/key answers. The Jharkhand State Public Sercice Commission cannot say that sun rises from the West even if nobody has raised any objection, and hence, the judgment and order delivered by the learned single Judge in W.P.(C) No. 1116 of 2017 dated 19-9-2017, deserves to be quashed and set aside.;