Distribution Of Marks Of Deleted Questions Proportionately In Remaining Questions Of Same Subject Does Not Make Any Discrimination Between Candidates: Rajasthan HC
|The Rajasthan High Court observed that the distribution of marks of deleted questions proportionately in the remaining questions of the same subject does not make any discrimination between the candidates.
A petition was filed from candidates applying for the positions of Junior Accountant and Tehsil Revenue Accountant, who challenged the state department's method of adjusting marks for deleted questions in their examination.
A Bench of Justice Vinit Kumar Mathur said, “Deletion of questions from a particular subject and distribution of their marks proportionately in the remaining questions of the same subject does not make any discrimination between the candidates. It cannot be preempted that a particular question set out in the paper will be deleted as it is not possible to anticipate in advance that a particular question will entail deletion. The disputed questions stand deleted qua all the aspirants without any prejudice to the petitioners.”
Advocate Vivek Firoda appeared for the Petitioners and AAG Manish Patel appeared for the Respondents.
The petitioners argued that including marks from deleted questions into the remaining questions of the same subject was flawed. They suggested that either the marks for these deleted questions should be excluded entirely from the total or that bonus marks should be awarded uniformly to all candidates.
In response, the respondents' counsel defended the method by explaining that the examination was structured with specific subject weightages and question counts. They contended that redistributing the marks for deleted questions within the same subject maintained fairness and consistency in the distribution of marks. Additionally, they noted that the respondents, like the candidates, did not know in advance which questions would be deleted, ensuring that the process was transparent and unbiased.
The Court agreed with the respondents, referencing a previous decision in Vinod Kumar v. State of Rajasthan & Ors. where a similar issue was addressed. The Court concluded that redistributing marks for deleted questions within the same subject was justified to maintain the intended weightage for each subject. Distributing the marks across all subjects would alter their respective weightages, which would be unfair.
Ultimately, the Court determined that the methodology employed by the respondents was fair, transparent, and impartial. Since it could not be anticipated which questions would be deleted, the approach ensured that no candidate was disadvantaged. As a result, the petition was dismissed.
Cause Title: Surendra Choudhary & Ors. v. Rajasthan Staff Selection Board & Ors., [2024:RJ-JD:37874]
Appearance:
Petitioners: Advocates Vivek Firoda & Jayram Saran
Respondents: AAG Manish Patel, Advocates Rakesh Arora & Naresh SinghClick here to read/download Order