The Public Service Commission issued an advertisement dated 03.09.2015 calling applications for different posts under the Lower Subordinate Services.
Admittedly, the petitioner is unsuccessful as he has got 197 marks and the last candidate, who has declared successful, has obtained 199 marks. It is stated that the preliminary examination consists of only one paper of general studies containing 150 questions carrying to marks each.
The grievance of the petitioner is that the Commission's three questions are incorrect and the petitioner has rightly answered the question but the key answer supplied by the Commission on its website is incorrect. To demonstrate the said fact, the petitioner has mentioned in paragraph no. 8 of the writ petition that question no.56 of B series "who among the following served as the twelfth president of the Indian Republic?"
The petitioner states that he has marked against the question, answer no.( b) i.e. A.P.J. Abdul Kalam. The key answer supplied by the Commission provides that the answer no. (a) Pratibha Devi Singh Patil.
Learned counsel for the petitioner has filed a rejoinder affidavit, which is taken on record. The petitioner along with the rejoinder affidavit has brought on record a document issued on the website of the Lok Sabha Secretariat in June 2012 in which details of the Presidential elections have been mentioned and Dr. A.P.J. Abdul Kalam has been described as Twelfth Presidential Election 2002. The petitioner has similarly pointed out the key answer of the Commission of question no.2 and 11.
In view of the aforesaid, the petitioner has made out a prima-facie case.
Sri M.N. Singh appears for respondents and has filed a short counter affidavit. He is allowed to file a detailed counter affidavit.
In the meantime, the Commission is directed to permit the petitioner to appear in the main examination. However, his result shall not be declared without leave of the Court.
Sri M.N. Singh, learned counsel appearing for the Public Service Commission may communicate this order to Public Service Commission for compliance of the interim order.
List this case on 11.07.2016 among top ten cases with liberty to both the parties to make a mention on the next date to take up the case out or turn.
Order Date :- 21.4.2016 AU