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Service & Administrative LawSupreme Court of India

Pranav Verma & Others v. The Registrar General of the High Court of Punjab and Haryana at Chandigarh & Anr.

Writ Petition (Civil) · 2019 INSC 1374Decided 13 Dec 2019
Writ Petition (Civil) No. 565 of 2019
Chief Justice S.A. Bobde · Justice B.R. Gavai · Justice Surya Kant

Background

Over 90 candidates who sat the Haryana Civil Service (Judicial Branch) Main Examination 2017 challenged the entire evaluation process after only 9 out of 1,195 candidates (a pass rate of about 0.7%) qualified for the viva-voce interview stage, despite 107 posts being vacant. They alleged the marking had no fixed criteria or model answer key and was unduly harsh. The Supreme Court had a retired judge, Justice (Retd.) A.K. Sikri, independently examine a sample of answer scripts, and he found the evaluation method itself fair and non-discriminatory (multiple examiners each checking the same question across all scripts to ensure uniformity), but concluded that marking on the Civil Law-I and Civil Law-II papers had been unrealistically strict given the limited time candidates had to answer lengthy, descriptive questions.

Decision Breakdown

The Supreme Court held that the selection process and evaluation method were not arbitrary or discriminatory, there was no "examiner variability" (different examiners grading inconsistently) since one examiner graded one specific question across all candidates' scripts uniformly, but the marking was nonetheless objectively too strict for everyone, causing a disproportionately low pass rate. Relying on its own precedent permitting "moderation" (as opposed to "scaling," which is used only when candidates sit different optional subjects), and invoking its special constitutional power under Article 142 to do complete justice, the Court adopted one of Justice Sikri's suggested remedies: awarding 20 grace marks in Civil Law-I and 10 grace marks in Civil Law-II to every candidate. It rejected the candidates' demand for a full re-evaluation by an independent committee (since the recruitment rules had no such provision) and also rejected their request to disclose written-exam marks before the viva-voce, holding that doing so could bias interviewers. The Court directed the High Court to prepare fresh results within two weeks, complete the whole selection process by 15 February 2020, and advertise any remaining vacant posts in a time-bound manner.

Lesson Learnt

Courts are generally reluctant to order re-evaluation of exam answer scripts or disclosure of marks before an interview stage, since doing so can introduce new problems (delay, bias); but where objectively unrealistic time constraints and overly strict marking standards produce a pass rate so low as to be practically unworkable, the Supreme Court can use its special constitutional powers to order a one-time, uniform grace-mark adjustment for all candidates rather than a wholesale re-test.

Pranav Verma & Others v. The Registrar General of the High Court of Punjab and Haryana at Chandigarh & Anr. – Legal Case Shots | LegalAware