CWP No. 1712 of 2007 09.1.2008. Present: Ms. Jyotsna Rewal Dua, Advocate, for the petitioners. Mr. D.K.Khanna, Advocate, with Mr. Bhag Chand Verma, Under Secretary of the H.P. Public Service Commission, for respondent No.1. Mr. R.K.Bawa, Advocate General, with Mr. J. K. Verma, Deputy Advocate General, for respondent No. 2. CMP Nos. 5 of 2008 & 77 of 2008. Allowed. CWP No. 1712 of 2007 With the consent of the learned counsel for the parties, this petition is disposed of today finally at the motion hearing stage and the following agreed order is passed: This petition relates to the preliminary examination for H.A.S. held and conducted in the year, 2007. The subject-matter of this petition basically concerns the paper of Political Science. Out of the 30 Writ Petitioners, 17 had appeared in the Political Science paper. 5 applicants in CMP No. 5 of 2008 and two applicants in CMP No. 77 of 2008, (both the applications filed in this petition) also appeared in Political Science paper. It, therefore, means that as far as this case is concerned, in all 24 persons had appeared in the Political Science paper. Report of the three Member Expert Committee, pursuant to the order dated 1st January, 2008 has been received in a sealed cover. The sealed cover having been opened, we have perused the report and find that the three Member Expert Committee constituted by this Court has prepared the key-answers to all 150 questions in Political Science paper. As per the report of the Committee and as per the two sheets annexed -2- with the report, the Committee found that out of 150 key-answers, as prepared by the Examiner, the answers of 27 questions were in-correct. We accept the report of the Committee and declare that the key-answers prepared by the Committee with respect to all 150 questions shall be treated as correct answers in contradistinction to the key-answers prepared by the Examiner. In coming to this conclusion, we have taken note of the report of the Committee whereby answers to as many as 27 questions as formulated by the Examiner were found to be incorrect. The original proceedings of the Committee, signed by three Members (1 sheet) and two sheets accompanying the same, all three sheets signed by Sh. G. L. Sharma, Court Secretary, today on top are returned alongwith the question paper to Mr. Khanna for safe custody by the Commission and for its use based upon and in accordance with directions contained in this order. The Commission is hereby directed by us to re-evaluate/re- mark the Political Science paper of the aforesaid 24 persons on the basis of the key-answers prepared by the Committee. The marks, thus awarded, shall substitute the marks awarded by the Commission earlier. The substituted marks, undoubtedly and naturally shall be added to the kitty of these 24 persons and all the consequences shall follow. This case is an eye-opener in the sense that gullible candidates and the members of public blindly going by the evaluation/marking by the Commission end up being losers because it is now being discovered that the marking is done on a premise which itself -3- is un-founded as well as it is incorrect. We were amazed to find out that the key-answers prepared by the Examiner with respect to as many as 27 questions were incorrect. It makes a very vital difference so far as the ultimate result is concerned. With a view to ensure that in future, gullible candidates and the members of the public are not taken for a ride and they are also at the same time made aware of the situation in which the candidates stand, in the light of the answers given by them, the key- answers with respect to the multiple choice questions (objective type) for all the papers/examinations conducted by the Commission are displayed on the web-site of the Commission so that such candidates who had appeared in these examinations/papers as well as members of the public are made aware about their performance. Apart from bringing transparency in the system, this will also inform the candidates about their prospects as well as position they have obtained. However, in doing so, the Commission, has to be very careful that no leakage takes place and that the purity of the system is not at all compromised. To achieve this objective, we direct that the key-answers shall be put up on the web-site of the Commission only after the results are declared but within one week from the date of declaration of the result. This order about the display of the answer-keys on the web-site of the Commission shall apply to the preliminary examination of H.A.S. conducted and held in the year, 2007 with respect to all the papers. With respect to such papers, the key- answers shall be put up on the web-site of the Commission within ten days from today. -4- Before parting, we wish to place on record our deep sense of gratitude and appreciation for the efforts put in by the three Member Committee. Petition is disposed of finally but without any order as to costs. (V.K. Gupta), CJ. January, 9, 2008 (Sanjay Karol), J. (ks)