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Service & Administrative LawSupreme Court of India

Sunil Kumar & Ors. v. Bihar Public Service Commission

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 8606-8610 of 2015)Decided 14 Oct 2015
Civil Appeal Nos. 8606-8610 of 2015
Justice Ranjan Gogoi · Justice N.V. Ramana

Background

The Bihar Public Service Commission declared the results of its 53rd to 55th Combined (Mains) Competitive Examinations, held in 2012, after moderating marks across different optional subjects. The candidates argued that the Commission should have used "scaling," as the Supreme Court suggested in Sanjay Singh (2007), and that an earlier High Court order required it to follow that route. The High Court refused to interfere, and the candidates appealed.

Decision Breakdown

The Supreme Court dismissed the appeals. It held that the earlier High Court order left the Commission flexible and did not bind it to any particular method. It read Sanjay Singh as deciding only that scaling was unsuitable for common compulsory papers, not that moderation must be used for common papers and scaling for different subjects. The choice between such methods is a question for expert bodies, and courts should interfere only for arbitrariness or mala fides, neither of which was alleged. The absence of detailed reasons in the Commission's resolution did not by itself justify interference. The interim orders were vacated, and the questions of impleadment and the court's power to mould relief were left for another case.

Lesson Learnt

Courts generally leave technical decisions about how exam marks are evaluated to the expert body that runs the exam, and step in only if the decision is arbitrary, biased or unreasonable. A precedent is read in light of its own facts unless it clearly lays down a rule.

Sunil Kumar & Ors. v. Bihar Public Service Commission – Legal Case Shots | LegalAware