Central Administrative Tribunal, Delhi: In an original application filed by the applicant seeking to quash the answer key for Questions No. 103, 124, 129, 139, 141, 147, 153, 154, 156, 161, 164, 182 & 197 for Question Paper for Post of Librarian used by Delhi Subordinate Services Selection Board (DSSSB) as incorrect and consequent result and appointments based on such impugned question paper as incorrect and the answer Key and to further direct the State to constitute an Independent Expert Body to examine the Answer Key and submit a report as to whether the impugned Answer Key used by DSSSB for all impugned questions is incorrect or not, Ashish Kalia, J., (Member) and Chhabilendra Roul, A., (Member) directed the State to constitute an expert body to examine the Answer Key for Question Paper for the post of Librarian and submit the copy of the report to the applicant.
The other reliefs sought by the applicant are
To direct the respondents to re-examine the answer script of the applicant in the event it is found that any Answer Key for Question Paper for Post Code No. 69/10 & 02/13 used by DSSSB for any question is incorrect and grant extra marks to the applicant for those questions. To direct the respondent to prepare the revised merit list after the completion of above-mentioned exercise and in case the applicant stands selected, she is appointed to the post of Librarian with all consequential benefits as per revised merit list.
To award costs in favor of the applicant and pass any order or orders which this Hon’ble Tribunal may deem just & equitable in the facts & circumstances of the case.
Reliance was placed on a judgment of Punjab & Haryana High Court in the matter of Savneet Kaur v. State of Punjab, decided on 27-09-2017, wherein it was held
“In this view of the matter the action of the agency conducting the examination to refer the objections to the paper setter has to be held to be wrong and the petition is disposed of with a direction to the respondents to ensure that the objections filed be referred to an independent expert and after the report of the expert/s and their recommendations regarding remedial action to be taken, the final result be declared.”
The Court noted that this is the domain of an expert body and directed the State to constitute an expert body to examine the Answer Key for the Question Paper for the post of Librarian and submit a copy of the report to the applicant.
[Rupesh Kumar v. GNCTD, 2022 SCC OnLine CAT 716, decided on 16-12-2022]
Advocates who appeared in this case :
Advocate Namit Saxena for the Applicant;
Advocate K M Singh for the Respondent.