IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.: 2229 of 2008 Date of decision: 13.7.2009. Ajit Singh … Petitioner. Versus H.P Public Service Commission and another. …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting?1 No. For the petitioner: Mr. K.D.Shreedhar, Advocate. For the respondent No.1: Mr. D.K.Khanna, Advocate. For the respondent No.2.: Mr. Baldev Singh, Advocate. Per Deepak Gupta, J. (Oral) The short question which arises for consideration in this writ petition is that when a candidate answers more than the requisite number of questions, should he be given the benefit of taking the marks of the best answers only or the answers in seriatum equal to the number of questions required to be answered are only to be taken into consideration. Briefly stated the facts of the case are that the petitioner appeared in the SAS Examination. In this examination, he was required to attempt six questions. He actually attempted seven questions. The respondents took into consideration the marks awarded in first six questions and the petitioner was declared to have failed. Thereafter, the petitioner obtained information under the Right to Information Act and it was found that if marks awarded to him in the seventh answer were taken into 1 Whether the reporters of the local papers may be allowed to see the Judgment? Yes. 2 consideration and the marks awarded in one of the other answers were excluded then he would have passed the examination. The stand of the respondents is that when clear cut instructions are given to the examinee to answer only a particular number of questions the candidate should answer only that number of questions. If he chooses to answer more than that number of questions only the first questions in seriatum corresponding to number of questions required to be answered are to be considered. It is for the candidate if he feels that his last answer is the best answer to score off one of the answers which he feels is not a good answer. He cannot take a gamble and wait for the examiner to correct all the answers. In such a situation where a candidate has answered more than the requisite number of questions the examiner need not even assess the answers after the requisite number. The contention raised by the petitioner cannot be accepted. This would lead to discrimination amongst the candidates. Either candidates should be clearly told that they can answer any number of questions and only their best answers will be taken into consideration. If they are not informed accordingly they should attempt only the number of questions which are required to be answered. In view of the above discussion, we reject the writ petition, with no order as to costs. ( Deepak Gupta ), J. 13th July, 2009 (Surinder Singh), J. ™