Facts
The applicant, a candidate for the post of Temporary Constable (Executive) in the Delhi Police (2016 Recruitment), challenged the marks awarded by the Staff Selection Commission (SSC) in the written examination held on 08.12.2017.
Source reference: p. 2The applicant belonged to the OBC category and secured 74 marks, while the cut-off was 76 marks.
Source reference: p. 3He contended that the answer key was incorrect and that three erroneous questions were identified by the respondents via an RTI reply dated 13.04.2018. He claimed that had he been granted the benefit of those marks, he would have qualified.
Source reference: p. 3The matter reached the Tribunal seeking a re-evaluation or cancellation of the examination.
Source reference: p. 2During proceedings, the Tribunal summoned the OMR sheet in a sealed cover for independent verification.
Source reference: p. 4Issues
1. Whether the applicant was denied the benefit of marks for erroneous questions in the written examination.
Source reference: p. 4 / para. 42. Whether the applicant's claim of securing higher marks is substantiated by the official examination records.
Source reference: p. 4 / para. 4Law Applied
The court primarily applied Section 19 of the Administrative Tribunals Act, 1985, governing the adjudication of disputes regarding recruitment and conditions of service.
Source reference: p. 2It adhered to the principle of judicial restraint in academic matters, affirming that the Tribunal is not a "body of subject experts" and should not interfere with the evaluation process unless there is a clear evidence of error.
Source reference: p. 5It relied on the principle of transparency and natural justice by summoning original records (OMR sheets) to verify the veracity of the pleadings against official scores.
Source reference: p. 4Reasoning
The Tribunal analyzed the applicant’s OMR sheet and the respondents' counter-affidavit to verify the scoring. The records revealed that the applicant correctly answered 71 questions.
Source reference: p. 4The respondents demonstrated that the SSC had already identified three erroneous questions (Q. IDs 04, 30, and 69) and had granted the benefit of these marks to all candidates in that shift, including the applicant.
Source reference: p. 4, para. 6Consequently, the applicant’s final score was calculated as 71 (correct answers) + 3 (benefit marks) = 74.
Source reference: p. 4, para. 7The Tribunal found that the applicant failed to provide any documentary evidence (such as an online result sheet) to support his claim that he was entitled to more marks.
Source reference: p. 3, para. 3The court reasoned that since the benefit for the defective questions had already been factored into the final score of 74, which remained below the cut-off of 76, no prejudice was caused.
Source reference: p. 5, para. 8Holding
The Tribunal answered the issues in the negative, holding that the applicant had already received the benefit of marks for the erroneous questions and failed to reach the qualifying threshold.
The Tribunal dismissed the Original Application, stating that hypothetical assumptions cannot form the basis for concluding the applicant should have secured higher marks.
Source reference: p. 5, para. 6-7No relief was granted, and the OMR sheet was returned to the respondents.
Source reference: p. 5Original Court PDF
Nitish NagarvsStaff Selection Commission
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