w 1 a 0//‘ Béwigiaa Bench 1N THE HIGH COURT OF CHHATTISGARH AT BILASPUR LHHATTISGARH) 'w.A. No. 2L6) /2010 (Arlsmg out of ordcr dated O8 O3 2010 passed by the Slngle B6nch of thls Hlgh Court 1n W P (S) No 7451 /2009) APPELLANT , : ‘ . Shiv Kumar Diewangan, S/o. Laxmi PETITIONER . r Narayan Devvfangan, R/o.vSaIdar Patel ‘ Ward, Housé No. 10, Mungeli, Distt. Bilaspur (C.G.) .VERSUS RESPONDENTS 1. State ,of Chhattisgarh, through ’its Secretary, Department of Panchayat and Rural Development, Mantralayt D.K.S. Bhawan, Raipur(C’.G_.) V 1 ' 2. Chhattisgarh Professional Examination Board (VYAPAM), through its Chairman, PensionbadarRaip'ur (C.G.) 3 In-eharge and Controller o’f the Shiksha Karmi Examination at Govt: Girlsrl-lr. Sec.‘ School, Manendragarh (Shiksha Vibhag), Distt. Korea (C.G.) ‘ WRIT APPEAL UNDER SECTION 2 f 1) OF THE CHHATTISGARH‘ HIGH _ COURT {APPEAL TO THE DIVISION BENCH) ACT, 2006 M wp :"- p i, .1 IG COURT OF CHHATTISGARH A AIELTI P‘PLéIN ETJTioN hiv Kumar Dewana S gn Vus ers iShétf Chh brs. e'o‘ attisgarh & the R§ EP§ON Ems rit ppeal ner Sechon hhattlsqar lqh'QGDur Appea! to BIVIswn Bench) Actlzoos A JUDGMEN Passe on 15" day of Jul 1 0 ‘ 1 1 The instant wnt appeal has been fied against the ord ae 8-03-2010 asse " learned Sih ‘ de In WPC J 4 ismissmg the wrrt petmon file b the aellan er, dt 0 p y g ug () No 751/2009 d g y ppt ‘ hm ere rief facts of the case are that the aeliant herei ere -In e wnten examination on 6--209 ic o uce: y responen o. or fln u te vacant os$ o huk he ime o the exann wa che' t2i-' ‘. he question apers were a‘ ‘e as teclve ype o questionst e rate answer seets At thexfront of the uestion ap nstrucions were given to te candidate nstruction No is vant wh F th e, or (is purpos fter opening the seal ensure tha n Booklehcontains total ne 1 v HH T l I PER , u § W Ud 2(1 ,. Ch Ht : ‘ ( ) OR T (d y, 2& ) 3. §- B pp n W'app‘d th t 9120 whh was to dtd dt N2 f lh; p h p f ‘Ssha Karml Grade II T t f miatio s ‘s uled to be fxed at 11 ”' x ’ a. A1100 AM., t p d 4 ‘didtes Thre w bt t f \o. p h candidates m t a h q per ‘it h s I 4 rele ic A t o of pages as mentioned above and printing of . all the 200 questions is proper lf any, discrepancy is found, please infor invigilator and get the correct booklet.” 4} There are 200 questions to be an were carryin 20 aXImum marks All the questions were musory an carr o 7 hih a 1 d g 0 pl' d y ne mark each, as mentioned m Instruction 0. wc is quoted s below: “7. There are 200 ob;ectlve typ questrons m thus booklet All question l are compulsory and carry one mar i each" t 5 Gt l irls Higher Secondary School Manendragarh District Kon G ya Centre Code No 1224 t l ‘ € After about 1 “/2 hours of the examination te writ aelan made a complaint to the inVigilator of the concerne room No 1 of the said Centre regardino discrepancies in the question paper Theft h glt th d p e ncarge of e cenre an accorngl the sai nchare ‘ l t di aer s 2- e p (e s gm f n p g e serial number of these four question papers were not smilar t thel question paper which was already solved by the writ apellan upto 60% of the questions Thus overall the ultimate fact is tha e l writ appellant had no occasion to solve all the questions. i all gthe questions several defects in question paper were ponte ut by the writ apellant in 9.3 of the writ etition which is uote el: 1 The examinatlon centre of the wnt appellant was ov reaer, te inViIaor of e sar room has reorted the matter to th lh th t d diy d lg of he; said Centre contacted the controlier of the strict and ft eeking instructions from the office of respondent No. Controller. the controller of the District has directed th Centre lncharge to open other‘question paper of Set-B to rovide th ame to the petitioner/appellant. Accordi?il our questio apers of set-B were opened by the Centre lnchare but th i o pt t th n id o p p qd as‘ bow x\é “9 3 Tha e question paer had the ollowng defects :There were 7 questions missmg he question paper ie aft uestion no 56 there was questio no 61 and after question no 12 here was question no 1 24 directl the e s k 6 h pplt d O t th p fi a a‘. in a t er 1 q n . 0 t y aper,‘a&er_qu,e$ti_on*no. 43ther is‘uestion 'no. ' 39 and 140. q 1 " p e quesions gven at srial 410; t 70 are repeated at sena! rs 1 120 and questions at sen I no 124 o uestion 130 no are 174 agam to 180 rep ated as t i é 61 o o q t T he apellant ha calmed the reliefs wlc are as foll “ eefs sou 1 0 Rh ght is erere ' most 'respectfuHy prae at this Hon ble Court may kindly be pleased t Issue appropriate wntlwnts order/orders an irection/directions - - t r directing the Respondents to produce th mode answer sheets model question paper an arking schemes With respect to ‘Shlksha Karml selection exammatrons b. ' declaring that the Petttloner was forced t attempt the defective question paper an herefore the examinaion wamea and bad I a. rreotmg the Resonents to ”couc afresh examinatio or the Petitione . the sa tio o the Responents rs Illegal bad m law arbitrary and iable to be set asrde/quashe e. any other relief as deemed ft b thrs Hon’ble Cou . 1 f rt ranting co At this stage, learne counsel appearing for the ppe lant has submitted that there is rule regarding aarding o onus marks in the said examination. But after perusal of th rovisions we have found that the bonus marks are for l tudents In case wrong questions were given in the questi ' s g q pp n 8. d writ a w f b e p al s on papers or none of the options given against any question wa correct or if the meanin of the uestion aears to be different i 2 g 1 - T p d l qh ows it thfo yd} h o f d ‘ d , e d V m v 3 o I, §_ d w t t sgt n lw t V‘L a. if c., d pd ndt ‘ n f r d to hold that rd acn f d V V l d ) y i r g st'of the petition.” a ¢ 1 1 § ¥ $ } l 1 y § English and Hmdl marks cannot be awarded to the writ appennt J the i e d out a er as a ul in t usong paers} «as e writ appellant was eprve ,o ivin ns'wer to cera questions and some questions ere rat urther in e Instructions time was not menti n nder i candidate could have informed about the discreancy in t uestion There were 200 questions and the appellant started t ttempt the questions to save his trme which is quie but natural hough the case of the respondent rs that hez had informed afte T r ' t Va hours from starting of the paper but there was ample time a hat moment to solve the remaining uestion paper if the sam ould have been provrded to him but unfortunately the uestro aper whic was to e provred to hi was of differt set. tha as anoer eau r which we thn hat the writ apellan should not be sufferer 'a . n pra 4 o e return e y responents o 17‘ 3 t i lear that four question papers of Set-B have been oened b th entre lncharge but serral number of these four uestion paper ere not srmilar to the question paper which was already allotte t t : e t M e N e ' . e o t e q e s l e r s d n p e p . I a f th fild b d N 8 i s c p y e C q s w d o he writ appellant. Para 4 of the return is reproduced as under : “4. That it is respectfully submitted that th I petitioner appeared in the said examrnation a Centre Govt Girls Higher Secondary School anendragarh District Koriya (Centre Cod o 1224) After about one and half hours of th xamination the petitioner has made a complarntt he mvgxlator of the conce ned room No 10 of th ard centre regarding the discrepancy in th i s e uestion paper and thereafter, the invigilator of th aid room has reported the matter to the said centre ncharge and accordrngly the sard Centre Incharge as contacted the Control room of the Distrrct Keny espondent No.2, the Controller of district Koriya ha irected the Centre Incharge to open other questio aper of Set-B and provrde the same to th etitioner Accordingly, the four question papers of ‘ h a and after seeking instructions from the office of th et-B has been opened by the Centre lncharge bu erial number of these four questron papers wer ot srmriar to the questron paper which was alread llotted to him upon which the petitroner had opte o solve the same question paper as he had alread solved 60% question For descrrbing the abov stated fact. a co of the letter dated 06l12/2009 py Furr t cannot b rule tht th W fat he qeti p th id f gg a tin W epeed 7 F th ed u whch a p he q ort a t I l i l i t q e w qn p h b d m en t w th dflt fo ik t pt 10’ ‘ S t t s e ' n y a d t y e a written by the lnvugulator to the Centre Incharge an opy of letter dated O6/12I2009 wr en by the Centre lncharge to the Controller, Ghhattlsgarh ’Professmnal Board/ Raupur are ber g annexed herewrth as Annexure R/1 and R/2 res ctwely ” : In View of the above mentroned facis and circumstances hough we are not Inclined to grant the retref‘cialmed by the wn ppellant but we thunk it would be proper If the number of question hich could not be attempted by the wnt apqellant should not be oud Further those questrons which were repeated an t ne mark the number of such questrons be calculated equally t hat marks reduced from the maxrmum marks and then his result b econsrdered We also think that thus Is a nvolvrng peculrar facts which cannot mmon for othe articiants m the examination So this ordet wrll not be tread ed should also not be counted Since§each question carr ’ 1 Thit lld f . 2h exwr appealsisposed o accordingly Sdl- N. K. Agarwal Jge Sdl- IMi ..Quddus / i ‘ d c t t a s w cnte d at’ ‘ t y r l o o t e r pt" r b o r pp te as a precedent t l l l ud