Vivek Kumar Pandey vs The State Of Madhya Pradesh
2022 Latest Caselaw 3134 MP

 HIGH COURT OF MADHYA PRADESH : JABALPUR

                   BEFORE
     HON'BLE SHRI JUSTICE VIVEK AGARWAL

              ON THE 7th OF MARCH, 2022



              WRIT PETITION No. 4962 of 2022




  Between:-

   VIVEK KUMAR PANDEY S/O SHRI, BALAK DAS PANDEY ,
   AGED ABOUT 40 YEARS, OCCUPATION: SERVICE R/O
1. GOVERNMENT QUARTER OPP. TAGORE GARDEN CIVIL
   LINES KHANDWA M.P. (MADHYA PRADESH)

   RAGHVENDRA KUMAR PATEL S/O SHRI M.S. PATEL ,
   AGED ABOUT 26 YEARS, OCCUPATION: SERVICE R/O
   HOUSE NO. 3 VILLAGE KHAMARIA DISTRICT
2.
   NARSINGHPUR M.P. ROLL NO. 266440 (MADHYA
   PRADESH)

   DEEPANK WASKALE S/O SHRI MANOJ WASKALE , AGED
   ABOUT 28 YEARS, OCCUPATION: SERVICE R/O 414,
   WARD NO.1, M.D. JAIN COLONY SANAWAD, AT PRESENT
3.
   CIVIL LINES JABALPUR M.P. ROLL NO. 160763 (MADHYA
   PRADESH)

   ABHISHEK VISHWAKARMA S/O SHRI MOTILAL
   VISHWAKARMA , AGED ABOUT 28 YEARS, OCCUPATION:
4. STUDENT R/O MAIN MARKET NEW RAMNAGAR
   ADHARTAL, JABALPUR M.P. ROLL NO. 210744 (MADHYA
   PRADESH)
   KRASHNA PRATAP PRAJAPATI S/O SHRI KISHORI LAL
   PRAJAPATI , AGED ABOUT 30 YEARS, OCCUPATION:
   SERVICE R/O BLOCK NO. 1 QUARTER 05 INDRAVATI
5.
   POLICE LINE JABALPUR M.P. ROLL NO. 219435 (MADHYA
   PRADESH)

   KU. SUKEERTI SINGH BUNDELA D/O SHRI N.S. BUNDELA
   , AGED ABOUT 29 YEARS, OCCUPATION: STUDENT R/O
6. WARD NO. 23 TIKAMGARH M.P. ROLL NO. 239503
   (MADHYA PRADESH)
                              2



   ANKIT SHARMA S/O SHRI RAMESH KUMAR SHARMA ,
   AGED ABOUT 28 YEARS, OCCUPATION: STUDENT R/O AT
7. PRESENT RESIDENT OF ADHARTAL JABALPUR M.P.
   ROLL NO. 380784 (MADHYA PRADESH)

   MAHENDRA SINGH JAT S/O SHRI K.P. JAT , AGED ABOUT
   32 YEARS, OCCUPATION: SERVICE R/O HOUSE NO. 521
8. NEHRU COLONY STATION ROAD SIHORE M.P. ROLL NO.
   414571 (MADHYA PRADESH)

   VIKRAM RAJ S/O SHRI GHANSHYAM , AGED ABOUT 33
   YEARS, OCCUPATION: SERVICE R/O SHIV WARD BINA
9. DISTRICT SAGAR M.P. ROLL NO. 18962 (MADHYA
   PRADESH)

    KU. RITIKA D/O SHRI HARISHANKAR , AGED ABOUT 24
    YEARS, OCCUPATION: STUDENT R/O AB ROAD MAHW
10. AT PRESENT MR-4 JABALPUR M.P. ROLL NO. 121574
    (MADHYA PRADESH)

                                          .....PETITIONER

  (BY SHRI RAMESHWAR SINGH THAKUR)

  AND



   THE STATE OF MADHYA PRADESH THROUGH
   PRINCIPAL SECRETARY GENERAL ADMINISTRATION
1. DEPARTMENT VALLABH BHAWAN BHOPAL (M.P.)
   (MADHYA PRADESH)

   MADHYA PRADESH PUBLIC SERVICE COMMISSION
   THROUGH     ITS    EXAMINATION      CONTROLLER
2.
   RESIDENCY AREA, INDORE (M.P.) (MADHYA PRADESH)

                                       .....RESPONDENTS

  (BY SHRI VIJAY SHUKLA, PANEL LAWYER FOR
  RESPONDENT NO.1/STATE & SHRI NEERAJ TIWARI,
  ADVOCATE FOR RESPONDENT NO.2))



             WRIT PETITION No. 5083 of 2022

 Between:-
                             3



 ABHAY PATHAK S/O SHRI TARUN KUMAR PATHAK , AGED
 ABOUT 25 YEARS, OCCUPATION: STUDENT WARD NO.17
 VILLAGE JARMOHRA POST AMARPATAN DISTRICT
 SATNA (MADHYA PRADESH)

                                         .....PETITIONER

 (BY SHRI YOGESH MOHAN TIWARI, ADVOCATE)

 AND



   THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
   SECRETARY      DEPARTMENT     OF     GENERAL
1. ADMINISTRATION VALLABH BHAWAN, BHOPAL (MADHYA
   PRADESH)

   MADHYA PRADESH PUBLIC SERVICE COMMISSION
   THROUGH ITS EXAMINATION CONTROLLER RESIDENCY
2. AREA INDORE DISTRICT INDORE M.P. (MADHYA
   PRADESH)

                                       .....RESPONDENTS

  (BY SHRI VIJAY SHUKLA, PANEL LAWYER FOR
  RESPONDENT NO.1/STATE & SHRI NEERAJ TIWARI,
  ADVOCATE FOR RESPONDENT NO.2)




            WRIT PETITION No. 5140 of 2022




Between:-

KOMAL PRASAD UIKEY S/O SHRI KAUSHAL DAS UIKEY ,
AGED ABOUT 25 YEARS, OCCUPATION: STUDENT R/*O
POST BAGBARDHIYA, TEHSIL PARASIYA, DISTRICT
CHHINDWARA (M.P.) (MADHYA PRADESH)

                                        .....PETITIONER

(BY SHRI BHANU PRATAP YADAV)
AND
                              4



1.THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY DEPARTMENT OF GENERAL
ADMINISTRATION VALLABH BHAWAN, BHOPAL (MADHY
PRADESH)

2.MADHYA PRADESH PUBLIC SERVICE COMMISSION,
RESIDENCY AREA, INDORE (M.P.), THROUGH ITS
EXAMINATION CONTROLLER.

                                       .....RESPONDENTS

(BY SHRI UJJWAL SHUKLA, PANEL LAWYER FOR
RESPONDENT NO.1/STATE & SHRI NEERAJ TIWARI,
ADVOCATE FOR RESPONDENT NO.2))




             WRIT PETITION No. 4720 of 2022

 Between:-

   TANUJA PANDEY D/O SHRI, ASHOK KUMAR PANDEY ,
   AGED ABOUT 26 YEARS, OCCUPATION: STUDENT R/O
1. WARD NO. 10 NORTH KARONDIYA SIDHI DISTRICT SIDHI
   M.P. (MADHYA PRADESH)

   NAMRTA BHARDWAJ D/O SHRI CHANDRAKANT
   BHARDWAJ , AGED ABOUT 30 YEARS, OCCUPATION:
2. STUDENT R/O HOUSE NO. 15 MOHINI MUSKAN GAURDAN
   HUZUR BHOPAL M.P. (MADHYA PRADESH)

                                         .....PETITIONER

 (BY SHRI RAMESHWAR SINGH THAKUR, ADVOCATE)

 AND



   STATE OF M.P. THROUGH PRINCIPAL SECRETARY
   GENERAL ADMINISTRATION DEPARTMENT VALLABH
1.
   BHAWAN, BHOPAL (M.P.) (MADHYA PRADESH)

   MADHYA PRADESH PUBLIC SERVICE COMMISSION
2. THROUGH     ITS    EXAMINATION         CONTROLLER
   RESIDENCY AREA, INDORE (M.P.) (MADHYA PRADESH)
                                     .....RESPONDENTS
                               5



 (BY SHRI VIJAY SHUKLA, PANEL LAWYER FOR
 RESPONDENT NO.1/STATE & SHRI NEERAJ TIWARI,
 ADVOCATE FOR RESPONDENT NO.2)



              WRIT PETITION No. 4492 of 2022




  Between:-

   SHOBHIT BANSOD S/O SHRI SURENDRA KUMAR
   BANSOD , AGED ABOUT 25 YEARS, OCCUPATION:
   STUDENT R/O RAGHUNATH COLONY INFRONT OF BSNL
1.
   COLONY LAKHANADON      DISTRICT SEONI    M.P.
   (MADHYA PRADESH)

   MOH. GAUS KHAN S/O BAITAL KHAN , AGED ABOUT 23
   YEARS, OCCUPATION: STUDENT R/O VILLAGE AND
2. POST- BARA TEHSIL- SIMARIYA, DISTRICT- REWA, M.P.
   (MADHYA PRADESH)

   KHAGENDRA      SINGH  SURYAVANSHI    S/O   B.D.
   SURYAVANSHI , AGED ABOUT 26 YEARS, OCCUPATION:
3. STUDENT R/O STAR CITY PH-1 KARMETA JABALPUR,
   M.P. (MADHYA PRADESH)

   DINESH DAMOR S/O SHRI R. SINGH , AGED ABOUT 34
   YEARS, OCCUPATION: STUDENT R/O KALALI DUNGARI
   DISTRICT- JHABUA AT PRESENT RESIDENT OF ANSHAL
4.
   APARTMENT BHOPAL, KOLAR ROAD M.P. (MADHYA
   PRADESH)

   VIPIN KUMAR TTRIPATHI S/O SHRI V.K. TRIPATHI ,
   AGED ABOUT 27 YEARS, OCCUPATION: STUDENT R/O
5. VILLAGE AND POST BARAWN TEHSIL HANUMANA
   DISTRICT- REWA, M.P. (MADHYA PRADESH)

   SUNIL   SURYAVANSHI    S/O   SHRI    RAMNIWAS
   SURYAVANSHI , AGED ABOUT 23 YEARS, OCCUPATION:
   STUDENT R/O ABHINANDAN COLONY MANDSOUR AT
6.
   PRESENT KOLAR ROAD BHOPAL, M.P. (MADHYA
   PRADESH)
                           6



   SATYENDRA DOHREY S/O SHRI ANRUDH DUHRE , AGED
   ABOUT 34 YEARS, OCCUPATION: STUDENT R/O VIJAYA
7. NAGAR POLICE LINES INDORE PRESENT RESIDENT OF
   POLICE LINES JABALPUR, M.P. (MADHYA PRADESH)

   ROHIT KUMAR VISHWAKARMA S/O SHRI RAJESH
   VISHWAKARMA , AGED ABOUT 27 YEARS, OCCUPATION:
8. SERVICE R/O HOUSE NO. 65 RACHNA VIHAR COLONY
   BHOPAL, M.P. (MADHYA PRADESH)

   SANJAY AGNIHOTRI S/O SHRI V.P. AGNIHOTRI , AGED
   ABOUT 26 YEARS, OCCUPATION: STUDENT R/O
9. VILLAGE AND POST KARRAPUR, DISTRICT- SAGAR, M.P.
   (MADHYA PRADESH)

    POOJA RATHOR D/O SHRI S.L. RATHORE , AGED ABOUT
    26 YEARS, OCCUPATION: STUDENT R/O 9 VINDHYACHAL
10. AWAS BHAD BHADA ROAD BHOPAL, M.P. (MADHYA
    PRADESH)

    ARCHNA SHARMA D/O SHRI SATISH SHARMA CHAND ,
    AGED ABOUT 26 YEARS, OCCUPATION: STUDENT R/O
11. MIG-7 GITANJALI COMPLEX BHOPAL, M.P. (MADHYA
    PRADESH)

    VISHAKHA CHOUBEY D/O SHRI RAMGOPAL CHOBEY ,
    AGED ABOUT 30 YEARS, OCCUPATION: STUDENT R/O D-
12. 1 CHUNABHATTI KOLAR ROAD BHOPAL,M.P. (MADHYA
    PRADESH)

    VINAY KUMAR MISHRA S/O SHRI HARIMOHAN
    MISHRA , AGED ABOUT 30 YEARS, OCCUPATION:
13. STUDENT R/O 212 VAISHALI HOSHANGABAD ROAD
    BHOPAL HUZUR BHOPAL, M.P. (MADHYA PRADESH)

    MANISH BAKAWLE S/O SHRI MAGAN BAKAWLE , AGED
    ABOUT 29 YEARS, OCCUPATION: STUDENT R/O
    NARAYAN COLONY BISTAN ROAD KHARGONE AT
14.
    PRESENT ADHYODHA BYPAS DD NAGAR BHOPAL, M.P.
    (MADHYA PRADESH)

    SOURABH PRATAP SINGH S/O SHRI RAVINDRA PAL
    SINGH , AGED ABOUT 35 YEARS, OCCUPATION:
15. STUDENT R/O 48 SECTOR-A SHRIYANTRA NAGAR
    KHANDWA, M.P. (MADHYA PRADESH)
                              7



    ANKITA HANWAT D/O SHRI GANESH HANWAT , AGED
    ABOUT 23 YEARS, OCCUPATION: STUDENT R/O
    VILLAGE AND POST KASPUR WARD NO.11 TEHSIL
16.
    WARASEONI, DISTRICT- BALAGHAT, M.P. (MADHYA
    PRADESH)

    HIMANSHI NAGAR D/O HITENDRA NAGAR , AGED
    ABOUT 28 YEARS, OCCUPATION: STUDENT R/O HEDA
17. RAJGRAH AT PRESENT BAI KA BAGICHA GHAMAPUR
    JABALPUR, M.P. (MADHYA PRADESH)

                                         .....PETITIONER

  (BY SHRI RAMESHWAR SINGH THAKUR, ADVOCATE)

  AND



   THE STATE OF MADHYA PRADESH THROUGH
   PRINCIPAL SECRETARY GENERAL ADMINISTRATION
1. DEPARTMENT VALLABH BHAWAN BHOPAL M.P.
   (MADHYA PRADESH)

   MADHYA PRADESH PUBLIC SERVICE COMMISSION
   RESIDENCY AREA, INDORE (M.P), THROUGH ITS
2.
   EXAMINATION CONTROLLER (MADHYA PRADESH)

                                       .....RESPONDENTS

  (BY SHRI VIJAY SHUKLA, PANEL LAWYER FOR
  RESPONDENT NO.1/STATE & SHRI NEERAJ TIWARI,
  ADVOCATE FOR RESPONDENT NO.2)



             WRIT PETITION No. 4909 of 2022

 Between:-

   ASHUTOSH DWIVEDI S/O SHRI, R.P. DWIVEDI , AGED
   ABOUT 30 YEARS, OCCUPATION: SERVICE R/O JAWAHAR
1. NAGAR VIDHYA VIHAR SATNA DISTRICT SATNA M.P.
   (MADHYA PRADESH)

   MAHENDRA KUMAR TALWARE S/O SHRI BHARAT LAL
   TAWARE , AGED ABOUT 40 YEARS, OCCUPATION: GUST
2. LECTURER R/O RELWAHI BAIHAR BALAGHAT DISTT.
   BALAGHAT (MADHYA PRADESH)
                                8



   KISHOR SHARMA S/O SHRI KAILASH CHANDRA SHARMA
   , AGED ABOUT 32 YEARS, OCCUPATION: SERVICE EWS-87
3. MEGHDUT NAGAR MANDSAUR AT PRESENT KOLAR
   ROAD BHOPAL M.P. (MADHYA PRADESH)

   BHAGAT SINGH RAGHUBANSHI S/O SHRI P. S.
   RAGHUVANSHI , AGED ABOUT 26 YEARS, OCCUPATION:
   SERVICE R/O VILLAGE VIHARPUR TEHSIL GANJBASODA
4.
   VIDISHA AT PRESENT CIVIL LINES JABALPUR M.P.
   (MADHYA PRADESH)

   ABHISHEK TRIPATHI S/O SHRI RAKESH TRIPATHI , AGED
   ABOUT 24 YEARS, OCCUPATION: STUDENT R/O WARD NO.
5.
   11, CHANIA DISTRICT UMARIYA M.P. (MADHYA PRADESH)

                                              .....PETITIONER

  (BY SHRI RAMESHWAR SINGH THAKUR, ADVOCATE)

  AND



   THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL
   SECRETARY GENERAL ADMINISTRATION DEPARTMENT
1.
   VALLABH BHAWAN BHOPAL M.P. (MADHYA PRADESH)

   MADHYA PRADESH PUBLIC SERVICE COMMISION
   THROUGH ITS EXAMINATION CONTROLLER INDORE
2.
   M.P. (MADHYA PRADESH)

                                           .....RESPONDENTS

  (BY SHRI VIJAY SHUKLA, PANEL LAWYER FOR
  RESPONDENT NO.1/STATE & SHRI NEERAJ TIWARI,
  ADVOCATE FOR RESPONDENT NO.2)



All these writ petitions have come up for hearing on

admission on this day, the court passed the following:

                          ORDER

1. Writ Petition No.4962/2022 is taken as leading petition

as issue involved in all these bunch of writ petitions is

common, therefore, they all are being decided by this

common order.

2. Petitioners through these writ petitions are seeking

direction to respondent No.2 i.e. M.P. Public Service

Commission to award marks to the petitioners relating to

Question No.35 of Set-'C', Question No.90 of Set-'B',

Question No.70 of Set- 'A' and Question No.20 of Set- 'D'

namely who founded the Adi Brahmasamaj ?

3. It is submitted that there are four options namely :-

(A) Devendranath Tagore (B) Keshav Chandra Sen (C) Raja Ram Mohan Roy (D) Ravindranath Tagore

4. It is submitted that petitioners marked Option-'Keshav

Chandra Sen' whereas respondent No.2 has awarded marks

for Option- 'Devendranath Tagore'.

5. It is submitted that if petitioners' Option -'Keshav

Chandra Sen' which is mentioned in NCERT book namely

'Aadhunik Bharat' for Class-12th first edition (issued in

March, 2003) which is placed on record, is believed to be

correct so also on a book by name 'Aadhunik Bharat'

written by S.K. Pandey, Director, Prayag Academy, Allahabad

published by Prayag Publications and Distributors, so also in

36th edition of 'Aadhunik Bharat Ka Itihas' published by

B.L. Grover, Alka Mehta and Yashpal, so also book published

by Madhya Pradesh Hindi Granth Academy by Dr. Suresh

Mishra namely 'Bharat Ka Itihas' (1740-1857), so also book

published by Drishti publication titling 'Bharatiya Itihas

Avam Rashtriya Aandolan' 3rd edition, according to all these

books and reference/guides, Option- 'Keshav Chandra Sen' is

right option, therefore, respondent No.2 be directed to assign

appropriate marks for this question treating Option- 'Keshav

Chandra Sen' to be correct and permit the petitioners to

appear in Main Examination, 2022 which are going to be held

between 24/04/2022 to 29/04/2022.

6. Shri Parag Tiwari, learned counsel for respondent No.2

and Shri Amit Mishra, learned Panel Lawyer for respondent

No.1, in their turn, submit that issue raised by learned counsel

for petitioners is already examined by an expert committee

which has in unequivocal term dealt with the issue raised by

the petitioners.

7. It is submitted that about 164 objections were raised by

various candidates submitting that to the aforesaid question,

option- 'Keshav Chandra Sen' be also treated to be correct

option along with option - 'Devendranath Tagore'. Expert

committee has observed that certain candidates have also

submitted representations that Option- 'Raja Ram Mohan

Roy' be also treated to be correct option. It is submitted that

in fact correct option is 'Devendranath Tagore' who had taken

ahead work of Brahma Samaj in the name of 'Adi Brahma

Samaj. In 1866 Keshav Chandra Sen on account of

difference of opinion established Brahmo Samaj of India.

After Keshav Chandra Sen had separated, then Devendra

Nath Tagore had given nomenclature of Adi Brahmo Samaj to

the usually known entity Brahma Samaj.

8. Expert Committee of Madhya Pradesh Public Service

Commission has placed reliance on book 'Aadhunik Bharat-

Jan Jeevan Aur Sanskriti by B.N. Luniya page No.63

published by Kamal Publication, Indore, website of Brahma

Samaj namely www.thebrahmosamaj.net, the Gazetteer of

India (Volume Two) Itihas Avam Sanskriti and also to Keshav

Chandra Sen Ka Jeevan Parichay. It is submitted that

Keshav Chandra Sen had established Brahmo Samaj of India

on 11th November, 1866. Therefore, there is no justification

to accept option - 'Keshav Chandra Sen' to be correct option

as per committee of expert and the opinion of the committee

is supreme which does not call for any interference.

9. Learned counsel for respondent No.2 has placed

reliance on Full Bench judgment of this High Court in the

case of Nitin Pathak Vs. State of M.P. & others, ILR 2017

MP 2314 : 2017 SCC OnLine MP 1824. In this case

Hon'ble Full Bench has held that in case of recruitment

examination, in exercise of power of judicial review, Court

should not refer the matter to Court appointed expert as the

Courts have a very limited role particularly when no mala

fides have been alleged against the experts constituted to

finalize answer key. It would normally be prudent,

wholesome and safe for the Courts to leave the decisions to

the academicians and experts.

10. After hearing learned counsel for the parties and going

through the record, it is evident that in the website of Brahmo

Samaj, it is specifically mentioned that severe differences

regarding creed, rituals and the Brahmos to the social

problems of the day, had arisen between Dedendranath and

Keshub men of radically different temperament and the

Samaj soon split up into two groups-old conservatives

rallying round the cautious Debendranath and the young

reformists led by the dynamic Keshub. The division came to

the surface towards the close of 1866 with the emergence of

two rival bodies, the Calcutta or Adi Brahmo Samaj

consisting of the old adherents of the faith and the new order

(inspired and led by Keshub) known as the Brahmos Samaj

of India.

11. In the Gazetteer of India, Indian Union, Volume Two,

History and Culture, edited by Dr. P.N. Chopra, it is

mentioned that Keshub Chandra Sen, having imbibed more of

western culture and Christian influence advocated a much

more aggressive programme. Debendranath Tagore, as a

reformer, was for a slow and cautious move. In 1865, the

progressives led by Keshub Chandra Sen withdrew from the

parent body and in the following year (November 11, 1866)

the dissenters established the Brahmo Samaj of India. The

parent body henceforth came to be known as the Adi

Brahmosamaj.

12. When tested in light of two most authentic

publications; namely; Website of the Brahmo Samaj and the

Gazetteer of India issued by Department of Culture, Ministry

of Education and Social Welfare and taking into

consideration the law laid down by Hon'ble Full Bench of

this Court having reference to the judgment of Hon'ble

Supreme Court in the case of H.P. Public Service

Commission Vs. Mukesh Thakur, (2010) 6 SCC 759 so also

judgment of Karnataka High Court in the case of Dr. Praveen

Kumar I. Kusubi Vs. Rajiv Gandhi University of Health

Sciences), (2004) 3 Kant LJ 218, it is evident that Hon'ble

Supreme Court in the case of Mukesh Thakur(supra) has

held that Court cannot take upon itself task of examiner or

selection board and examine discrepancies and

inconsistencies in question papers and evaluation thereof.

13. Similarly, Full Bench of this Court has taken a view

that judicial review should not be taken up when no mala

fides have been alleged against expert constituted to finalize

answer key. It would normally be prudent, wholesome and

safe for Courts to leave the decision to the academicians and

experts, this Court is of the opinion that when the opinion of

the expert is tested on the touch stone of the Gazetteer of

India and the Website Brahmo Samaj, it does not call for any

interference or indulgence, therefore, it can be safely held

that there is no ambiguity in the question or by no stretch of

imagination, petitioner's option can be considered to be

correct in relation to the said question reproduced above,

thus, in absence of any ambiguity, no indulgence is required

in the matter calling for any interference in the decision of the

experts.

14. Accordingly, the writ petitions fail and are hereby

dismissed.

(VIVEK AGARWAL) JUDGE

ts.

Digitally signed by TULSA SINGH Date: 2022.03.09 17:41:22 +05'30'