ALLAHABAD HIGHCOURT, RECRUITMENT, SHIKSHAK BHARTI, UPTET : माननीय उच्च न्यायालय ने 14 प्रश्नों को डिलीट करते हुए टेट परीक्षा का रिजल्ट घोषित करने एवं उसके पश्चात एक माह बाद 68500 शिक्षक भर्ती सम्बन्धी परीक्षा का आयोजन कराने का आदेश, यहीं क्लिक कर कोर्ट का आदेश करें डाउनलोड ।
⬛ माननीय उच्च न्यायालय ने 14 प्रश्नों को डिलीट करते हुए टेट परीक्षा का रिजल्ट घोषित करने एवं उसके पश्चात एक माह बाद 68500 शिक्षक भर्ती सम्बन्धी परीक्षा का आयोजन कराने का आदेश, यहीं क्लिक कर कोर्ट का आदेश करें डाउनलोड ।
90. Before I part with the present judgment, I consider it appropriate to issue certain directives to be followed in future. It would have been ideal situation that utmost care is taken, while setting multiple choice questions leaving no scope of uncertainity in assessing individual merits of the test takers. However, there can be a situation, where despite due care taken, mistakes may occur in preparing such questions, because of human error. This Court is of the view that the agencies / authorities, responsible for setting such questions, should carry out the exercise with utmost care as even a small flaw leads to series of litigations, creates lot of confusion and, at times, puts question mark on the sanctity of selection process itself. 91. Keeping in mind that there has been numerous instances, where the questions have been found to be incorrect, giving rise to several litigations, we are compelled to issue general directions to the such statutory bodies or other agencies holding tests based on multiple-choice questions for the purpose of appointment to various posts under the State within the meaning of Article 12 of the Constitution of India or for the purpose of admission to various institutions managed or controlled by the State. 92. Having considered the matters in its entirety and in the interest of justice, we, therefore, direct as follows:(a) Immediately after a multiple choice question test is held, it shall be obligatory for the Committee or the Body, which conducts such a test, to undertake an exercise, before evaluating the answer-sheets, to ascertain whether the questions were correctly framed having definite answers. In case any objections are invited from the candidates and such objections are received, they must be looked into by a body of the experts, who would not only be required to ascertain whether the questions were correctly framed or not, but they would also be required to examine as to whether the model answers, prepared by the question-setter, are correct or not, for the purpose of correct evaluation of answer-sheets. (b) If the structure of a question is found to be incorrect or if the option suggested is found to be incorrect or if there is any printing mistake of such a nature that the correct answer cannot be ascertained or more than one option is found to be correct, such a question must be rejected and should not be allowed to be evaluated. 93. In view of the aforesaid discussions, the writ petitions deserve to be Allowed in part. 94. A writ in the nature of certiorari is issued quashing the result to the extent of fourteen (14) questions only, as stated in para nos. 85 and 86 of this judgment.
95. A writ of mandamus is issued commanding the Secretary,
Examination Regulatory Authority to make a fresh evaluation of all
the answer sheets of the candidates by deleting 14 questions, as
stated in para 85 and 86 of this order from the total questions of
question papers. The Secretary, Examination Regulatory Authority
shall declare the results on the basis of the above direction as
expeditiously as possible, preferably within a period of one month
and thereafter the examination of The Assistant Teacher
Recruitment Examination, 2018 shall be conducted. It is needless to
direct that till the completion of aforesaid exercise the examinationof The Assistant Teacher Recruitment Examination, 2018 be
postponed for further date.
96. No orders as to cost. Date: 06.03.2018. Om. . [Rajesh Singh Chauhan, J.]
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