SC Directs HC To Reconsider Plea Of Candidates Who Failed To Qualify For The Post Of Sub Inspector Allegedly Due To Incorrect Questions
The Supreme Court has remanded a matter back to the High Court for fresh consideration wherein few candidates claimed that they failed to achieve minimum qualifying marks in a competitive examination due to incorrect questions.
The Court added that it will be open for the High Court to call for the expert’s opinion with respect to the questions of which the answers were alleged to be incorrect.
The bench of Justice MR Shah and Justice CT Ravikumar noted that the petitioners applied for the post of Sub Inspector of Police. Their cases were not considered for further appointment as they were found ineligible, having failed to achieve the minimum qualifying marks. They submitted their objections with respect to nine questions and according to the petitioners answers with respect to nine questions were incorrect.
The Division Bench of the High Court has refused to consider the objections on merits, mainly, on the ground that objections were raised beyond the prescribed period of submitting the objections.
Senior Advocate Gopal Sankaranarayanan appeared on behalf of the appellants and Advocate Anil K. Jha appeared on behalf of the Jharkhand Staff Selection Commission and Advocate Jayant Mohan appeared on behalf of the State.
The Apex Court noted that the objections raised were prior to the date of the declaration of result and therefore, the High Court ought to have considered the objections on merits and/or called for the expert’s opinion.
“The High Court has as such taken too technical view and has erred in refusing to consider the objections on merits”, the Court said.
The Court further noted that “…High Court has materially erred in observing that no prejudice shall be caused to the original writ petitioners even if the marks would have been added with respect to such questions as the marks would be added in case of other successful candidates also. However, it is required to be noted that as the original writ petitioners failed to achieve the minimum qualifying marks by one or two marks only, therefore, if some marks would have been added they would be achieving the minimum qualifying marks…”
Thus the Court remanded the matter back to the High Court for fresh consideration of the appeals on merits.
Cause Title- Sachit Kumar Singh & Ors. Etc. Etc. v. The State of Jharkhand & Ors. Etc. Etc
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