Aggressive exams: Cannot ask query with out applicable reply, guidelines Punjab and Haryana Excessive Courtroom : The Tribune India


Saurabh Malik

Tribune Information Service

Chandigarh, January 5

Placing an finish to authorized debate on deleting questions discovered by an skilled committee to be ambiguous or complicated, the Punjab and Haryana Excessive Courtroom has dominated {that a} question not having a single, distinctive or “most applicable reply” was incapable of being requested in a aggressive examination.

This was in case of an goal multiple-choice query, the place the candidate was required to merely mark an accurate response.

The Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli asserted: “This can be as a result of reply requires a proof and argumentation or causes for its justification, which is an train permissible for the examination the place the format is subjective and never goal. A suspect query, thus, must be deleted in order that no scholar will get benefit, or is denied benefit, due to the analysis of such questions.”

The matter was dropped at the Excessive Courtroom’s discover after a candidate filed a petition towards the Haryana Public Service Fee (HPSC) and one other respondent towards the dismissal of his petition by a Single Choose’s vide order dated October 26, 2021.

The Bench was informed that the appellant had competed for choice to the submit of Assistant Engineer (Civil) in BC-A class pursuant to commercial dated November 17, 2015, by the HPSC.

The Bench asserted that nothing stopped the appellant to press his declare or persist along with his grievance, if he was aggrieved by the consultants’ committee opinion to delete two questions within the common capacity paper. However he selected to not and accepted the report forming the idea of the outcomes, as additionally topic consultants’ resolution vide which his objections to sure questions have been handled. The judgment on his preliminary plea was by no means assailed and attained finality. His second writ petition was not even maintainable.

The Bench added it nonetheless thought-about expedient to dilate on the difficulty whether or not two questions discovered ambiguous/complicated by the committee might in any respect be deleted and whether or not the Fee was competent to “trigger such deletion”.

The Bench added that the analyzing authority, guided by the consultants within the topic, was properly outfitted and, thus, rightly authorised to resolve the answer-key and delete the suspect questions. The difficulty whether or not a query was framed aptly, or was required to be deleted being obscure, ambiguous or with a number of appropriate was the unique area of consultants. Ordinarily the HC wouldn’t intervene with the opinion of the consultants until proven to be conclusively faulty or flawed. 

Delete query

A suspect query must be deleted in order that no scholar will get benefit, or is denied benefit, due to analysis of such questions. — Chief Justice Ravi Shanker Jha & Justice Arun Palli, Excessive Courtroom


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