Megha Tekam vs The State Of Madhya Pradesh
2023 Latest Caselaw 5977 MP

                                                                            1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                     WP No. 27524 of 2022
                                                      (MEGHA TEKAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                                                          WP/24234/2022
                                       Dated : 12-04-2023
                                                Shri Narinder Pal Singh Ruprah - Advocate for the petitioner in W.P.

                                       No.27524 of 2022.
                                                Shri Manas Mani Verma - Government Advocate for the respondents-

State.

S h ri Siddharth Sharma - Advocate for respondent No.3 in W.P.

No.27524 of 2022 and Shri Rahul Diwakar - Advocate for respondent No.3 in W.P. No.24234/2022.

Shri Rahul Diwakar submits that as per affidavit dated 11.04.2023, in para 8, exam was conducted in terms of Chapter III of the Rulebook which prescribed that exam shall be of total 150 marks wherein each MCQ question shall carry 1 mark and there would not be any negative marking. It is pointed out that structure and content of the examination is given therein which prescribes that there will be 30 questions for Child Development and Pedagogy, 30 questions was for Language-I, 30 questions for Language-II, 30 questions

for Mathematics and 30 questions for Environmental Studies.

It is submitted that it is only Language-I and Language-II which shows that whether a particular candidate had opted for English as a first language or Hindi as a first language.

Reading from Annexure R-2, it is pointed out that test paper was Signature Not Verified SAN conducted in English and Hindi language on two dates i.e. on 12.03.2022 and Digitally signed by PUSHPENDRA PATEL Date: 2023.04.12 19:05:58 IST 26.03.2022 and thus, English and Hindi language having been conducted in

more than one shift will admittedly attract provisions of normalization.

It is further submitted that in fact language is not material because 80% of the paper comprising of Child Development and Pedagogy, Mathematics and Environment study is common and only difference is the option of language which makes difference at the level of the toughness of the question paper i.e. those opting for English language as first language, will have tougher questions for English language as compared to Hindi language and those opting for Hindi language will have tougher benchmark for Hindi language than English language and thus, principle of normalization can still be applied.

He has placed reliance on the judgment of Hon'ble Supreme Court in

State of Uttar Pradesh and others Vs. Atul Kumar Dwivedi and others, 2022 SCC Online SC 17 and judgment of High Court of Allahabad in Deepak Kumar and others Vs. Union of India and others, 2021 SCC Online All 460.

He has also placed reliance on order dated 18.01.2022 passed by this Court in W.P. No.9598/2018 and connected writ petitions, wherein this Court has referred to order dated 22.06.2017 of the Indore Bench of this High Court in W.P. No.8083/2016 ( Manoj Choudhary and others Vs. Home Department and others) and other connected matters, where the process of normalization was tested by the Indian Institute of Management, Indore.

Placing reliance on these judgments, it is submitted that the action of the respondent No.3 cannot be faulted with.

At this stage, Shri N.S. Ruprah makes a fair prayer to allow him some time to go through the judgments and address this Court fairly. Signature Not Verified SAN

On request of Shri N.S. Ruprah, list this case on 25.04.2023. Digitally signed by PUSHPENDRA PATEL Date: 2023.04.12 19:05:58 IST

(VIVEK AGARWAL) JUDGE pp

Signature Not Verified SAN

Digitally signed by PUSHPENDRA PATEL Date: 2023.04.12 19:05:58 IST