APSC CCE 2018 controversy: Gauhati HC grants relief to six aspirants

Guwahati, Dec 12: A division bench of the Gauhati High Court on Wednesday set aside an order of a single bench that refused to direct the state government to consider the cases of six candidates of CCE 2018 whose merit in the prelims is "doubtful" for being appointed to the civil service because they cleared the CCE mains.

The 2018 CCE prelims were mired in controversy due to erroneous answer keys in the prelims. The APSC published the answer key after the results were out, even though it should have done it before it to invite objections, if any.

When the answer keys were published, some candidates raised objections, prompting the APSC to revisit the results of the preliminary examination. The re-evaluation revealed that 406 more candidates were eligible for the mains, in addition to the 3,361 already declared.

It had also come to light that 98 candidates who did not qualify for the prelims—due to the erroneous answer keys—were allowed to sit for the mains.

In the meantime, 21 other candidates—who had not qualified in the prelims—had moved the court.

APSC told the court that after verification of the answer scripts of the 21 candidates, it was found that after awarding grace marks to them on a 'prorata' basis, nine candidates qualified for the mains.

In a nutshell, six candidates who may not have cleared the prelims have been selected for civil services after they cleared the mains and interview.

Stating that the preliminary examination declared by the APSC, as well as the subsequent revised result declared by it of the preliminary examination of CCE, 2018, is shrouded in doubt and raises suspicion, the division bench of the court today wondered how the APSC has awarded grace marks on a prorata basis to the 9 candidates out of the 21 writ petitioners.

Stating that the appellants "are entitled to reliefs on the doctrines of legitimate expectation and equity," the High Court said, "Had the appellants known their fate immediately after disclosure of the fact that they have successfully cleared the CCE, 2018, but have failed to clear the Preliminary Examination and, therefore, their participation in future stages of selection is of no use, they might have attempted to appear in future competitive examinations or other examinations."

"Sympathy cannot override the law, but in a given case, in the spirit of justice, good conscience, and equity, relief can be granted to the aggrieved party if the same may not affect a large number of persons or a third party," the court said, asking APSC to declare the results of the appellants within two weeks.

The bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam, however, had no hesitation in saying that APSC has miserably failed to discharge its primary responsibility of conducting the CCE, 2018, particularly the preliminary examination, in a fair and transparent manner.

"Before parting with the record, we may add a word of caution for the APSC that while conducting the Combined Competitive Examination in the future, it shall make every effort to conclude the Combined Competitive Examination and all other examinations with full responsibility and in a fair and transparent manner. The preparation of the answer keys and declaration of the result be carried out in a fool proof manner without leaving any ambiguity in the minds of the candidates or the public at large," the court order added.

By

Staff Reporter