High Court MP HC allows petitioners to appear for State Service...

MP HC allows petitioners to appear for State Service and Forest Service Examination, 2019

-

Jabalpur, Mar 20 (ILNS) The Jabalpur Bench of Madhya Pradesh High Court has allowed the petitioners to appear in the main examination of the State Service and Forest Service Examination of 2019, to be held on March 21.

Justice Atul Sreedharan passed this order on Friday, while considering two different petitions filed by Vikram Singh and Ajay Kumar Mishra. Nitya Nand Mishra, Counsel for the petitioners, stated that Vikram Singh is from the EWS category and he requires only two marks more to qualify for the Main Examination. He contended that Vikram’s answer to Question No 57 is correct and for that, he should be awarded two marks, which were wrongly denied to him.

“Q 57. From the options given below which National Highway does not pass through Madhya Pradesh?

(a) NH – 3
(b) NH -12
(c) NH – 7
(d) NH – 8

Vikram had ticked on option (a) NH-3, as the Highway that does not pass through Madhya Pradesh,” noted the Counsel.

He said likewise, Mr Ajay, who is from the Unreserved category, the cut off marks required was 146 and he was short by two marks at 144. His grievance was also identical as that of Mr Vikram. Mr Ajay had ticked option (b) NH-12 as the correct answer.

The Court observed that both the petitioners, in these cases, have missed the bus for the Main Examination only by two marks. The option that was given as correct by the petitioner – Vikram Singh was option (a), which is NH-3. The description of National Highways given by the Ministry of Road Transport and Highways as on March 31, 2019, reflects that NH-3 passes only through the State of Punjab, Himachal Pradesh and Jammu & Kashmir.

Therefore, a strong prima facie inference, that the option (a) to question No 57 selected by Vikram Singh, is correct. As regards petitioner – Ajay Kumar Mishra, he has selected the option (b) which is NH-12. The Gazette Notification shows that the Highway runs entirely through the State of West Bengal and so, this option is also prima facie correct.

Both the options ticked by the petitioners appear to be correct and when seen in the backdrop of paragraph-5 clause (2) sub-clause (3) of PSC manual, which provides that all options to a question for which more than one option is correct, the answer shall be deemed to be correct, the Court noted.

The High Court allowed both the petitioners to appear in the Main Examination of the State Service and Forest Service Examination of 2019, as interim relief.

Moreover, the Court clarified while citing the Judgement of the Supreme Court passed in Ran Vijay Singh and others Vs State of Uttar Pradesh and others reported in (2018) 2 SCC 357, that “Whereas the statute rules and regulations does not permit revaluation or scrutiny of answer sheets, then the Court may permit revaluation or scrutiny only if it is demonstrated very clearly without any ‘inferential process of reasoning or by a process of rationalisation’ and only in rare or exceptional cases that a material error has been committed”. ILNS/SNG/RJ

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

NCDRC enhanced the cost imposed on Hinduja Hospital from Rs 25,000 to Rs 3,51,000 for negligent services

New Delhi, Jul 17(ILNS) The National Consumer Disputes Redressal Commission (NCDRC) enhanced the cost of Rs 25000/...

Allahabad HC issues notice to BCI on a PIL seeking to re-frame rules re advocates dress code as per the weather of the country.

Allahabad, Jul 17(ILNS) The Allahabad High Court has issued a notice to the Central Government, BCI and to...

2 defeated BJP candidates file election pleas before Calcutta HC

Kolkata, Jul 17 (ILNS): The Calcutta High Court has issued notices on the...

NGT directs remedial action against DSP Associates, Sonipat for illegal mining and diverting flow of river

New Delhi, Jul 17 (ILNS) The National Green Tribunal has issued directions to the Ministry of Environment,...

Rajasthan High Court orders suspension of cop for separating inter-caste married couple

Jodhpur, Jul 17 (ILNS) The Rajasthan High Court has ordered suspension of a policeman for separating an...

No pilot licence, no permission required for micro drones: Govt proposes simpler Drone Rules, 2021

New Delhi, Jul 16 (ILNS) The Ministry of Civil Aviation (MoCA) has released the updated – The...

Must read

You might also likeRELATED
Recommended to you