During the course of the hearing, this Court made every endeavour
to find a course which would comparatively result in minimum hardship to the
candidates. The learned Advocate General submitted that after deleting the above
40 questions, the rest of the 110 questions would be valued and for every
candidate 40 marks would be given as grace marks as against the 40 questions
deleted and thus, the total number of marks will still be maintained at 150.
This course is not agreeable to this Court, because, this will certainly
materially and drastically affect the results. This will pave way for
meritorious candidates to sink in the sea of confusion. This can be illustrated
in the following manner.
There are two candidates who have answered 'A' series question paper. The
first candidate has answered 40 questions, other than the questions which are
now under dispute. He has also answered all the 40 questions under dispute,
rightly. Thus, he has secured 80 marks.
The second candidate has similarly answered 50 questions, other than the
questions under dispute. So far as the 40 questions which are under dispute, he
has not answered correctly. Thus he has secured only 50 marks.
If by following the process suggested by the learned Advocate General if
40 questions under dispute are omitted, then as per the illustration, the first
candidate will maintain the same 80 marks; whereas the second candidate will now
get 40 grace marks, thus making the total 90.
This illustration will squarely demonstrate as to how a candidate who had
originally secured 50 marks will now rise upto 90 and compete with the candidate
who has secured 80 marks. Thus, this less meritorious candidate will get
selected and the meritorious candidate will not.
If wrong questions are negligible, in my considered opinion, the
above process may not materially affect the outcome, though it will cause
minimum imbalance. But, here, in this case, almost 1/3rd of the questions are
wrong and, therefore, if the above method suggested by the learned Advocate
General is followed, it will surely cause prejudice to the meritorious
candidates and therefore this course cannot be followed