Case Note & Summary
The petitioners, four candidates who applied for the post of Deputy Collector in the Maharashtra Public Service Commission (MPSC) recruitment examination in 2012, challenged the MPSC's method of awarding marks for incorrect questions in the General Studies papers. The MPSC had discovered that the four General Studies papers contained incorrect questions (2, 4, 11, and 5 respectively) and decided to cancel those questions, awarding zero marks to all candidates. The petitioners argued that this method was arbitrary and prejudiced them, as they might have answered the incorrect questions correctly based on the incorrect options. The court agreed, holding that the MPSC's action was arbitrary and violative of Articles 14 and 16 of the Constitution. The court directed the MPSC to award marks for the incorrect questions to all candidates who attempted them, as a more equitable remedy. The petitions were allowed, and the MPSC was directed to revise the results accordingly.
Headnote
A) Constitutional Law - Arbitrariness - Recruitment Examination - Corrective Action - Articles 14, 16 of the Constitution of India - The MPSC discovered incorrect questions in the General Studies papers after the examination and decided to award zero marks for those questions to all candidates. The court held that this method was arbitrary as it did not take into account the possibility that some candidates might have answered the incorrect questions correctly based on the incorrect options. The court directed the MPSC to award marks for the incorrect questions to all candidates who attempted them, as a more equitable remedy. (Paras 5-8) B) Service Law - Public Service Commission - Recruitment - Examination - Incorrect Questions - The MPSC's decision to cancel the incorrect questions and award zero marks was found to be unreasonable and violative of the principles of fairness. The court noted that the MPSC could have adopted a more rational approach, such as awarding marks to all candidates who attempted the incorrect questions, to avoid prejudice. (Paras 5-8)
Issue of Consideration
Whether the method adopted by the Maharashtra Public Service Commission (MPSC) of awarding zero marks for incorrect questions in the General Studies papers of the Deputy Collector recruitment examination was arbitrary and violative of Articles 14 and 16 of the Constitution of India.
Final Decision
The court allowed the petitions and directed the MPSC to award marks for the incorrect questions to all candidates who attempted them, and to revise the results accordingly.
Law Points
- Arbitrariness
- Public Service Commission
- Recruitment Examination
- Corrective Action
- Marks for Incorrect Questions
- Article 14
- Article 16
