This is a case digest on Punjab State Teacher Eligibility Test challenged in High Court Chandigarh wherein court partially allowed the petition and gave one mark to students who have given option ‘C’ as correct answer to question no. 131. If the new total of marks make them eligible, then they shall be entitled to apply for recruitment and date of online submissions may also be extended.
Now, let us have the judgment
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Rishu Goyal & Ors vs State Of Punjab & Ors on 20 March 2020
Petitioner
Rishu Goyal
Respondents
State of Punjab
In the instant case, the petitioners had appeared for the Punjab State Teacher Eligibility Test (PSTET-2017) conducted on 25.02.2018. Upon the conclusion of the test, the concerned authorities invited objections to the answer key uploaded on 05.03.2018. The petitioner and some other similarly placed persons filed certain objections out of which some objections were accepted and the revised answer key was uploaded on 13.04.2018 along with the result of the test. The complaint of the petitioner was that the answer key wan not properly revised and certain answers uploaded in the revised answer key were also incorrect.
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Although the Writ Petition has raised objections against a large number of answers in the revised answer key, however, the learned counsel for the petitioner confined her arguments to the answers related to Question No. 49, 96 and 131. The counsel argued that the answer in the revised Answer Key to Question No. 49 is incorrect and the same has been admitted by the Respondents. The correct answer to Question No. 49 is option ‘C’ whereas in the revised answer key option ‘B’ is mentioned. As far as Question No. 96 is concerned, the counsel argued, that there is an ambiguity because the Punjabi version of the said question does not give the unit of weight in respect of the correct answer. Therefore, all students must be the benefit of the doubt. And in respect of Question No. 131, the correct answer is option ‘C’ whereas the revised answer key mentions option B as the correct answer.
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The learned counsel for the State submitted that as far as Question No. 49 is concerned the revised answer key records option ‘C’ as the correct answer and thus, there is no mistake. Regarding Question No. 96, reliance was placed on note no. 10 in the question paper, which stated:
“The question paper will be both in English & Punjabi. In case of any doubt, the English version will be taken as final.”
Thus, the submission that candidates were unable to read the English Language cannot be accepted because all candidates have a basic knowledge of the English language as they aspire to be teachers in the near future. And as far as Question No. 131 is concerned the learned counsel maintained that option ‘B’ was the correct answer and not option ‘C’ as contended by the learned counsel for the petitioners.
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The Learned Single Judge of the Hon’ble High Court meticulously answered all the questions raised in the Writ Petition. The court observed that Question No. 49 pertained to the meaning of the expression “Tattsam Shabd”. A reference to the revised answer key indicates that option ‘C’ is the correct answer and hereby the petitioner also acknowledged the same. Thus, there is no error in the revised answer key as far Question No. 49 is concerned.
In Question No. 96, the question of ambiguity arose when the unit of weight was mentioned as ‘kilogram’ in the English language but the same was not mentioned for the Punjabi version, however a reference to note No. 10 shows that the English version would prevail. The Court observed that reliance upon Manmit Singh vs. State of Punjab and another,[1] by the petitioner cannot be accepted. The Court opined that all applicants appearing for the Teachers Eligibility Test aspire to be teachers and it is reasonable to expect that they would have basic knowledge of the English Language. They cannot claim complete ignorance of the said language and if they do, then, they do not deserve to be appointed as teachers.
Regarding Question No. 131, the correct option according to the petitioners is ‘C’ while the answer mentioned in the revised answer key is ‘B’. The question related to average permissible noise levels as per the Environmental Protection Act. To validate the answer reference was made to the Schedule annexed with the Act wherein it was mentioned that the day time noise limit ‘in an area of silence zone’ is 50db. Option ‘C’ is 50db and therefore the petitioners are correct. Contentions on behalf of the respondent that the average of day time and night time noise level was the correct answer cannot be accepted.
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Consequently, the revised answer key is incorrect so far as Question No.131. The petitioners thereby are liable to receive the benefit of the said answer and deserve credit if one mark. The Writ Petition is partially allowed, all students who have marked option ‘C’ as the correct answer to Question No. 131 deserve to be awarded one mark. If the said addition to their total marks makes them eligible they shall be entitled to apply for the recruitment mentioned above. The respondents are directed to carry out the necessary revision by 23.03.2020 and consequently, the final submission date for the online application is extended 25.03.2020.
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For case specific advice please contact Punjab Haryana High Court Chandigarh best Lawyers Advocates in Mohali Panchkula Zirakpur Derabassi Kharar Baltana etc who have expertise in challenging the public examination like PSTET wherein objections to answer key are not revised properly and certain answers are incorrect.
This post is written by Aniket Rai.
More on 99888-17966.
[1]2015(2) PLR 796
