Case Note & Summary
The case involved appeals against a judgment of the High Court of Judicature at Patna, which directed the Bihar Staff Selection Commission to conduct a fresh examination due to the application of an erroneous model answer key in evaluating candidates for Junior Engineer positions. The selection process began with an advertisement on 14th August 2006, inviting applications for 2268 posts, with a written examination leading to a merit list of 210 candidates, including 143 appellants. The evaluation was challenged by 13 unsuccessful candidates, leading to a Single Judge's order that found numerous errors in the model answer key. The Division Bench later modified this order, allowing the appellants to continue until a fresh examination was conducted. The Supreme Court, upon reviewing the case, found that the use of an erroneous key vitiated the examination results and that the High Court had the authority to mold relief to ensure fairness. The court noted that re-evaluation of answer scripts was preferable to a fresh examination, especially since there were no allegations of malpractice. The Supreme Court allowed the appeals, set aside the High Court's order, and directed the re-evaluation of answer scripts based on a correct key, ensuring that candidates who qualified would be appointed with seniority based on merit without back wages. The court emphasized the importance of justice and fairness in the selection process while protecting the interests of the appellants who had served for several years.
Headnote
A) Administrative Law - Examination Process - Erroneous Model Answer Key - Supreme Court directed re-evaluation of answer scripts based on a correct key due to significant errors in the model answer key used for evaluation, which affected the merit list. The court emphasized the need for fairness in the selection process and allowed for appointments based on re-evaluation results, ensuring no unjust advantage was given to any candidate. Held that re-evaluation was a better option than a fresh examination (Paras 19-19).
Issue of Consideration
Whether the High Court's order to cancel the examination and appointments based on an erroneous model answer key was justified.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's order, and directed the re-evaluation of answer scripts based on a correct key, ensuring that candidates who qualified would be appointed with seniority based on merit without back wages.
Law Points
- Re-evaluation of answer scripts
- erroneous model answer key
- merit list
- appointment process
- judicial discretion
