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