Hon'ble Ravindra Maithani, J. (Oral)
all these petitions, they are decided by this common judgment.
2. The challenge in these petitions is made to the
Uttarakhand Subordinate Service Selection Commission ("the
L.T. Grade in the State of Uttarakhand. The challenge is made on the
3. Facts briefly stated are as follows. The Commission
1544 vacant posts of Assistant Teacher, L.T. Grade on 14.03.2024.
On 18.08.2024, written examination was conducted. On 24.08.2024,
its website seeking representation against the provisional answer key.
Various representations were received by the Commission.
10.01.2025. Thereafter, the candidates were called for documents
verification from 13.01.2025 to 28.01.2025. Finally, the provisional
recommendation list dated 09.02.2025 was prepared by the
Commission and recommendations for appointment were made. The
petitioners have challenged answer key to many questions. The
details of those questions would be discussed in a short while.
4. It is the case of the petitioners that the answer key is not
based on material. It is palpably wrong qua many questions which are
5. It is the case of the Commission that after the publication
Committee the final answer key has been published. It is also the
Court must bow down to the opinion of the experts. On delay also the
final answer key had already been published. Thereafter, the
6. Heard learned counsel for the parties and perused the
7. Fairness and transparencies are essentials for any public
examination. Needless to say, the Commission has also acted to
ensure fairness and transparency in the process. After publication of
the provisional answer key, representations were invited. It is
may not become a casualty. Thereafter, admittedly, the answer key
was revised based on the expert opinion. But still it is being agitated
that the final answer key published by the Commission is not correct.
The Court may not act as an expert. The scope of judicial review in
8. In the case of Ran Vijay Singh and others v. State of Uttar
9. In the case of Uttar Pradesh Public Service Commission,
through its Chairman and others vs. Rahul Singh and another, (2018)
and others Vs. Sameer Gupta and others (1983) 4 SCC 309 and in
"9. In Kanpur University v. Samir Gupta [Kanpur
University v. Samir Gupta, (1983) 4 SCC 309] , this Court was
dealing with a case relating to the Combined Pre-Medical Test.
Admittedly, the examination setter himself had provided the key
answers and there were no committees to moderate or verify the
correctness of the key answers provided by the examiner. This Court
upheld the view of the Allahabad High Court that the students had
proved that three of the key answers were wrong. The following
observations of the Court are pertinent:
"16. ... We agree that the key answer should be
assumed to be correct unless it is proved to be wrong and
that it should not be held to be wrong by an inferential
process of reasoning or by a process of rationalisation. It
must be clearly demonstrated to be wrong, that is to say, it
must be such as no reasonable body of men well versed in the
particular subject would regard as correct."
The Court gave further directions but we are concerned
mainly with one that the State Government should devise a system
for moderating the key answers furnished by the paper setters."
10. In the case of Rishal and others vs. Rajasthan Public
Service Commission and others, (2018) 8 SCC 81 also, the scope of
judicial review and the action that may be taken in such eventuality
has been discussed by the Hon'ble Supreme Court. The Hon'ble
Supreme Court observed as follows:-
"15. The issue pertaining to scope of judicial review of
correctness of key answer had been considered by this Court time
and again. This Court had entertained such challenges on very
limited ground and has always given due weight to the opinions of
subject experts. A three-Judge Bench of this Court in Kanpur
University v. Samir Gupta [Kanpur University v. Samir Gupta, (1983)
4 SCC 309] , had occasion to consider a case where challenge was
made to the key answers supplied by the paper-setter with regard to
multiple choice of the objective type test for admission in medical
courses through combined pre-medical test. The High Court while
considering the challenge of the candidates to various key answers
accepted the challenge to different questions. With regard to some of
the questions the High Court held that the key answer is not the
correct answer................................................................................
......................................................................................................
...................................................................................................."
27. In the affidavit filed by the Commission it is mentioned
that the result has been revised of only 311 appellants who are
before this Court. We are of the view that key answers having
been corrected, merit of all the candidates except those who
have already been selected needs to be redetermined. In our
order dated 16-1-2018 [Rishal v. Rajasthan Public Service
Commission, 2018 SCC OnLine SC 749] it is mentioned that this
exercise shall not affect those who have already been selected.
We, thus, are of the view that the Commission should revise the
entire result of all the candidates except those who have been
selected on the basis of the report of the Expert Committee and
publish revised result of all the candidates. When the key answers
are correct of the candidates who appeared in the examination, they
are entitled for revision of their result, since, fault does not lie with
the candidates but lies with the examination body. It shall not be
equitable to not extend the benefit to those candidates who have not
come to the Court being satisfied with the steps taken by the
Commission and its earlier Expert Committee which was given the
task of revising the key answers.
28. In view of the foregoing discussions, we dispose of these
appeals with the following directions:
28.1. The Rajasthan Public Service Commission is directed to
revise the result of all the candidates including all the appellants on
the basis of the report of the Expert Committee constituted in
pursuance of our order dated 16-1-2018 [Rishal v. Rajasthan Public
Service Commission, 2018 SCC OnLine SC 749] and publish the
revised result.
28.2. While carrying the above exercise, the Commission
need not revise the result of all those candidates whose names were
included in the Select List earlier published. We having already
pointed out that the appointments shall not be affected by this
exercise, there is no necessity to revise their result. Thus, this
exercise shall be undertaken excluding all the candidates who are
included in the Select List.
28.3. The Commission shall also publish the cut-off marks of
the last selected candidates in the respective categories who were
included in the Select List on the basis of which appointments have
been made by the Commission.
28.4. On the basis of the revised result, those candidates who
achieve equal or more marks in their respective categories shall be
offered appointments against 1045 vacancies as has been mentioned
by the Commission in Para 7 of the affidavit, noted above.
28.5. The entire exercise of revising the result and making
recommendations for appointments shall be completed by the
Commission within a period of three months from today. The State
shall take necessary consequential steps thereafter."
(emphasis supplied)
11. In all these petitions, 15 questions have been put to
challenge.
12. On 29.04.2025, this Court had considered the objections
that have been raised with regard to the questions and referred seven
questions for expert opinion requesting the Vice Chancellor, Hemwati
Nandan Bahuguna Garhwal University, Srinagar, District Pauri
Garhwal ("the University") as well as the Secretary, Central Board of
Secondary Education, New Delhi ("the CBSE") to constitute a
Committee of the experts, so as to get the answer key of these seven
questions examined and submit a report to this Court. The report is
available with the Court.
13. This Court has heard learned counsel for the parties on
all these questions while reading the experts report together.
14. This Court now deals with those questions which have
been put to challenge, but not referred by this Court for expert
opinion of the University and the CBSE, they are as follows:-
(1) Booklet D Question 98
Q. Given below are two statements, one is the Assertion (A)
and the other is the Reason (R). Answer by using code given
below.
Assertion (A) : Oil pastel colours are prepared by adding
pigments to oil and then sticks are mould.
Reason (R) : These oil pastel drawing also need a fixative
spray.
Code:
(A)(A) is correct, but (R) is wrong
(B) (R) is correct, but (A) is wrong
(C) Both (A) and (R) are correct, but (R) is not the correct
explanation of (A)
(D) Both (A) and (R) are wrong
On behalf of the petitioner in WPSS No. 127 of 2025, it
was argued that the correct answer is "C". On 29.04.2025, this Court
has dealt with this aspect and rejected the contention raised on
behalf of the petitioner while observing as follows:-
"14. Learned counsel appearing for the petitioner in WPSS
No.127 of 2025 would submit that the correct answer should be 'B'.
He has referred to a book titled as Panoramic Indian Painting by
Nidhi Sekhon, published by Vishal Publishing Company. It is
Annexure No.10 in WPSS No. 127 of 2025. But, the arguments that
have been raised on behalf of the petitioners with regard to this
question has less merits for acceptance. The question is with regard
to Oil pastel colours, whereas the answer that has been referred to
relates to dry and soft pastel colours. Therefore, the objection raised
to this question does not need any consideration. The Answer Key
given by the Commission is correct. It does not require any
determination."
(2) Booklet A, Question 2
Q. Ashram schools have been established by the Government
for which of the following category of children to cater their
education needs?
(A) Scheduled caste
(B) Scheduled tribes
(C) Rural population
(D) Minorities
This question relates to establishment of Ashram School.
On behalf of the petitioners, it has been argued that the Government
is not qualified in this question as to whether it refers to the Central
Government or the State Government. It is argued that Ashram
Schools have been established by the Central Government for
Scheduled Tribes and the State Government has established Ashram
Schools for Scheduled Castes. Even it is argued that in the State of
Uttar Pradesh Ashram School have also been established for other
category of persons also. Therefore, it is argued that the question is
vague and as per the Guidelines instructions framed by the
Commission for syllabus formation, itemsheet writing, moderation
and challenge disposal ("the Guidelines") this question has to be
deleted and every candidate should be awarded marks for it. Learned
counsel for the Commission admits this position that this question is
not clear and it is vague and it requires deletion and in that
eventuality marks will be awarded to all the candidates.
Therefore, this Court is of the view that Booklet A Question 2 being a
vague and wrong question deserves to be deleted.
(3) Booklet A, Question 34
Q. Find the odd one out from the following observations.
10, 22, 234, 456, 898
(A) 10
(B) 22
(C) 456
(D) 898
Initially, the Commission has published option C as
correct answer. But after objections were received, according to the
Commission, options A and B are also possible answers. Therefore,
according to the expert opinion, options A, B and C to this question
are correct.
Learned counsel for the petitioners would submit that
there can be only one odd number. There cannot be three odd
numbers. Therefore, the question itself is vague and wrong. It also
requires deletion.
Learned counsel for the Commission would submit that
by applying one formula, the option C to this question is correct, but
when the objections were received, it is revealed that by applying
different formulas there may be three possibilities of odd one in the
question. Therefore, options A, B and C all are correct.
The submission that has been made on behalf of the
Commission merits acceptance. Therefore, this Court is of the view
that this question is neither vague nor wrong. It does not require any
revision.
(4) Booklet C, Question 39
Q. Which of the following statement is/are correct?
Statement 1: The European Union recently passed the
Artificial Intelligence Act,
The foremost law establishing rules and regulations governing
AI system.
Statement 2 : The Act categories systems into four categories,
namely unacceptable, high, limited and minimal risks.
(A) Only Statement 1
(B) Only Statement 2
(C) Both Statement 1 and 2
(D) Neither Statement 1 nor statement 2
As is evident from bare perusal of the question that it is
with regard to the Artificial Intelligence Act as passed by the
European Union, recently.
Learned counsel for the petitioners would submit that
this question is out of syllabus. He would refer to the syllabus
prescribed for the examination to argue that the General Knowledge
syllabus is restricted to the State of Uttarakhand and India, not
beyond that.
Learned counsel for the Commission admits that this
question is out of syllabus. In fact, on 29.04.2025, it was also
admitted by the Secretary to the Commission that this question is
definitely out of syllabus. In para 11 of this Court's order dated
29.04.2025, this Court has dealt with it accordingly. It is as follows:-
"11. Today, during the course of hearing, the Secretary
to the Commission admits that question No.39 of Question
Booklet Series 'C' with regard to European Union is definitely
out of syllabus. But, with regard to other two questions, it is
the contention of the Commission that they are within the
syllabus. It shall find determination at a subsequent stage of
the proceedings."
If a question is out of syllabus, it may be termed as wrong
question and as per the Guidelines of the Commission in this regard,
it also requires to be deleted.
Therefore, this Court is of the view that this question 39
of Booklet C also requires deletion.
(5) Booklet B, Question 88
Q. Who among the following is the writer of the books, the
American Scholar and The Divinity School Address?
(A) Nathaniel Hawthorne
(B) Ralph Waldo Emerson
(C) Henry David Thoreau
(D) Walt Whitman
It is argued that this question is out of syllabus. Learned
counsel for the petitioners would refer to the syllabus to argue that in
American poetry, there are only four poets and none of them is named
in this question.
Learned counsel for the Commission submits that in the
syllabus prescribed for English, under Unit 3, "romanticism" is one of
the topics and under it, this question is covered. The Commission
after publication of initial answer key had received representation and
thereafter, the Expert Committee examined this question also and
Expert Committee opined that the question also comes within the
broad purview of the syllabus under the American poetry. Learned
counsel for the Commission has also relied on the book American
Literature, School of Humanities, Uttarakhand Open University,
Edition 2020, at Page 195, where Transcendentalism has been
discussed and it is recorded at this page as follows:-
"Transcendentalism- A New England Movement which
flourished from c. 1835 to 186. It had its roots in romanticism and in
post-Kantian idealism by which Coleridge was influenced. It had a
considerable influence on American art and literature. Basically
religious, it emphasized the role and importance of the individual
conscience, and the value of intuition in matters of moral guidance
and inspiration. The actual term was coined by opponents of the
movement, but accepted by its members (e.g. Ralph Waldo Emerson,
1803-82, one of the leaders, published The3 Transcendentalism in I
84 I). the group were also social reformers. Some of the members,
besides Emerson, were famous and included Bronson Alcott, Henry
David Thoreau and Nathaniel Hawthorne."
This Court cannot sit over the opinion of the expert. It is
not demonstratively being shown by the petitioners that the question
is out of syllabus. The Commission has after expert opinion
concluded that this question is within syllabus. This Court has no
reason to defer with the opinion of the experts on this aspect.
(6) Booklet A, Question 77
Q. The age of Restoration is so called because one of the
following was restored to the English throne
(A) Charles I
(B) Charles II
(C) James I
(D) James II
On behalf of the petitioners it is argued that this question
is out of syllabus.
Learned counsel for the Commission would submit that
after civil war and restoration of Charles II to the throne of England,
and event commonly known as the "Restoration", England shortest
stability in society politics and religion. He would submit that this
question is within syllabus. In the instant matter also after receiving
representations against initial answer key, the Commission examined
this question from experts. The expert opinion, which is on record
reveals that this question is within syllabus. In fact, it is also argued
on behalf of the Commission that the period between 1660 and 1780
is known variously as the age of Enlightenment, age of Sensibility, the
Neo-classical age, the Augustan age or the Long 18th Century. He
would submit that in syllabus "Neo-classical age" is in Unit-3 of
English. Therefore, this question is within syllabus.
Having considered the rival submissions, this Court is of
the view that the view taken by the Commission is correct. This
question is within syllabus. It does not require any interference.
(7) Booklet D, Question 26
Q. Match List - I with List-II and select the correct answer
from the codes given below.
List - I List -II
a. Cognitive theory of teaching 1. Polio and Dunker
b. Heuristics strategy 2. Harward University
c. Team teaching 3. Denial Dewis
d. Computer based teaching model 4. N.L. Gage
Codes:
a b c d
(E) 4 3 1 2
(F) 3 4 1 2
(G) 3 1 4 2
(H) 4 1 2 3
It is the case of the petitioner in WPSS No. 638 of 2025
that this question has no appropriate answer and in the subsequent
answer key, this question was deleted. If it is deleted, there is no
reason to make any challenge to it because as per the Guidelines of
the Commission, if a question is deleted, marks are allotted to all the
candidates for it. Therefore, on this question also, no interference is
warranted.
(8) Booklet D, Question 89
Q. Which of the following statements are correct with regard
to Ulysses?
1. Here the Greek hero expresses the poets' thoughts about
life
2. This dramatic monologue was first published in 1848
3. The poem is written in blank verse
4. Here Ulysses describes about his wife Penelope and son
Telemachus
(A) Only 2
(B) 1, 2 and 4
(C) 2 and 4
(D) Only 4
The petitioner in WPSS No. 638 of 2025 has pleaded that
he had attempted this question and opted for answer B, but it was
subsequently deleted by the Commission. It is the case of the
petitioner that the question has been deleted. In such eventuality,
there is no question of accepting any challenge on this question
because as stated as per Guidelines of the Commission, if a question
is deleted each candidate gets mark for it.
15. Now the Court deals with those seven questions which
were referred to the University and the CBSE for the expert opinion.
These questions and their revised answer key as well as the answer
key submitted by the CBSE and the University is given in a tabular
chart as follows:-
SL Question Initial answer Revised Answer Answer
No. No./Details key Answer submitted submitted by
Key by the the
CBSE University
1. A-23 B C C C
2. C-15 C C C C
3. D-81 B B B B
4. A-7 A C C C
5. D-80 B A&B A&B A&B
6. C-7 B B B B
7 D-64 B B B&C B&C
16. From a bare perusal of the above table it is clear that
except one i.e. Booklet D, Question 64, in all other six questions, the
answer key as provided by the Commission has been confirmed by
the CBSE as well as by the University.
17. Booklet A Question 23
Q. The specific aims of Central Institute of Educational Technology
(CIET) is to
a. Provide technological interventions at college and university level.
b. Act as a nodal centre for vocational and skill education.
c. Build capacities of educators in the area of educational
Technology.
d. Critically appraise Education Technology Policies in India.
Choose the correct answer:
(A) a and b
(B) b and c
(C) c and d
(D) d and a
No arguments have been raised as such. The answer key
provided by the Commission or by the CBSE or by the University is
one of the same. The option C is correct answer to it. Therefore, on
this question no interference is warranted.
18. Booklet C Question 15
Q. Need of education leadership is most essential in
(A) Educational Administration
(B) Educational Management
(C) Change in Institutional Behaviour
(D) Educational Supervision
Learned counsel for the petitioners would submit that the
expert opinion has no basis in this matter. Throughout the process,
the Commission has given its correct answer as "C". The CBSE as
well as the University has also confirmed that the answer to this
question is "C". In fact, the CBSE has given the reasons for it.
Referring to the documents, namely, school leadership; concepts and
applications, Nishtha Module-1 2024 NCERT. Pg. 7.8. The opinion
states that "the role of leader is much beyond the education
administration and management or supervision. Its main focus
should be fostering and environment for change. Hence, option C
is the correct answer in the opinion of the Committee." This
expert opinion has basis. This Court has no reason to make any
deviation from the report of the Expert Committee. Therefore, the
challenge to this question has also no merits.
19. Booklet D Question 81
Q. Which method is profoundly used in the area of skill learning in
physical education/?
(A) Project method
(B) Group directed practice method
(C) Command method
(D) Demonstration/Imitation method
The answer to this question is option B, since inception.
It has been verified and confirmed by the CBSE and the University.
Having heard the argument, this Court does not see any reason to
take a different view than what has been taken by the Commission
and the Expert Committee. Nothing has been shown as to why the
answer key should not be accepted. Therefore, the challenge to this
question has also no merits.
20. Booklet A, Question 7
Q. Read the following statements- one labeled as Assertion (A) and
the other as Reason (R).
Assertion (A) : District Institutes of Education and Training (DIETs)
were established for transformation of the system of Elementary
Education.
Reason (R) : The main task assigned to District Institutes of
Education and Training at that time was to identify educational
problems of schools of rural areas.
Find the correct answer from the code given below:
Code:
(A) Both (A) and (R) are true and (R) is the correct explanation of (A)
(B) Both (A) and (R) are true but (R) is not the correct explanation of
(A)
(C) (A) is true but (R) is false
(D) Both (A) and (R) are false
Initially, according to the answer key published by the
Commission, option A to it was correct. But after, representations, the
Commission changed the answer and option C was held to be correct
answer. It has been confirmed by the CBSE and by the University. No
arguments have been raised as such as to why this view should be
differed. Accordingly, this Court is of the view that there is less merit
to accept any challenge to this question.
21. Booklet D, Question 80
Q. Which of the following statements regarding Rajasthani paintings
is correct?
1. Nihal Chand was a famous artist from Kishangarh school.
2. Manohar was an artist from Mewar school
3. Pandit sen was also an artist from Jaipur school.
4. Raja Sansar Chand was a king of Kishangarh.
Code:
(A) Only 1
(B) Only 2
(C) 1, 2 and 3
(D) 4 Only
Initially, the answer published to this question was B,
but after representation having been received, the Commission
revised this answer to "A and B". The CBSE and the University also
confirmed that the correct option is A and B both.
Learned counsel for the petitioners would submit that
option A and option B both cannot be correct because option A is only
1 and option B is only 2.
This question deals with artist belonging to Rajasthani
painting and in statement 1 there is a name of one artist of one
school of the paintings and in option 2 there is another artist from
different school. It is being argued that the word "only" occurring in
options A and B excludes any other option. If both the statements at
options A and B are correct, this Court is of the view mere use of word
only may not make this question wrong. It cannot be said that this
question is demonstratively wrong. There is concurrence of opinion of
experts of Commission, the CBSE and University with regard to
correct answer to this question, which are options A and B. Therefore,
challenge to this question may also not be accepted.
22. Booklet D, Question 64
Q. Choose the correct option regarding Lampetra Planeri.
(A) It is a sea lamprey
(B) It is a brook lamprey
(C) It is a fresh-water lamprey
(D) It is a semi-terrestrial lamprey
The Commission has given option B as correct answer to
this question, but CBSE and the University differ with it slightly and
experts had opined that options B and C both are correct to this
question.
It is argued on behalf of the petitioners that as per
Guidelines of the Commission, all such candidates who have opted
either for option B or C as correct answer will get marks for it.
Therefore, this question needs revision for determining marks.
23. Booklet C, Question 7
Q. Which one of the following is not correct about 'gender'?
(A) Gender is a social construct
(B) Gender is a biological construct
(C) Gender is a variable as it changes on the basis of time and
culture
(D) Cooking and boxing activities have strong connection with
gender
The answer to this question was option B since inception.
After revision also the Commission stood by answer B and it has been
confirmed by the CBSE and the University. In fact, no arguments
have been raised above the experts on this question. Therefore, the
challenge to this question has no merits.
24. In view of the foregoing discussion, this Court is of
the view that Booklet A Question 2 and Booklet C Question 39
are to be deleted and as per the Guidelines of the Commission
marks are to be awarded to all the candidates.
25. Similarly, Booklet D Question 64 needs re-evaluation
because the correct answer is options B and C. Accordingly, all
such candidates who have answered either option B or option C
are entitled to get marks as per the Guidelines of the
Commission. It requires revision.
26. Now the question is as to whether the entire exercise has
to be done denovo for calculating the marks of all the candidates.
Admittedly, the Commission has after publication of initial answer
key invited objections and those objection were examined by the
experts and provisional recommendation list has been issued on
09.02.2025 for appointment of Assistant Teacher, L.T. Grade. The
question is whether the merit of the candidates including those who
are included in the provisional recommendation list should be re-
determined?
27. In the case of Ran Vijay Singh (supra), a select list had
already been prepared and appointments were made. The Court
protected such candidates who were selected. In para 35 of the
judgment, the Hon'ble Supreme Court observed as follows:-
"35. Having weighed the options before us, we are of the
opinion that the middle path is perhaps the best path to be taken
under the circumstances of the case. The middle path is to declare
the third set of results since the Board has undertaken a
massive exercise under the directions of the High Court and yet
protect those candidates who may now be declared unsuccessful
but are working as Trained Graduate Teachers a result of the
first or the second declaration of results. It is also possible that
consequent upon the third declaration of results some new
candidates might get selected and should that happen, they will need
to be accommodated since they were erroneously not selected on
earlier occasions." (emphasis supplied)
28. The Hon'ble Supreme Court held that after
redetermination of merits the candidates should be appointed and if
required, it may done by creating supernumerary posts. (Para 37.3 of
the judgment in the case of Ran Vijay Singh (supra) ).
29. In the case of Rishal (supra) also, the Hon'ble Supreme
Court has held that if merit is to be re-determined, the candidates
who have already been selected they need not be disturbed. In paras
27 and 28.2 this has been observed by the Hon'ble Superme Court as
the cost of repetition. Paras 27 and 28.2 are reproduced as below:-
"27. In the affidavit filed by the Commission it is mentioned
that the result has been revised of only 311 appellants who are
before this Court. We are of the view that key answers having been
corrected, merit of all the candidates except those who have
already been selected needs to be redetermined. In our order
dated 16-1-2018 [Richal v. Rajasthan Public Service Commission,
2018 SCC OnLine SC 749] it is mentioned that this exercise shall not
affect those who have already been selected. We, thus, are of the view
that the Commission should revise the entire result of all the
candidates except those who have been selected on the basis of
the report of the Expert Committee and publish revised result of
all the candidates. When the key answers are correct of the
candidates who appeared in the examination, they are entitled for
revision of their result, since, fault does not lie with the candidates
but lies with the examination body. It shall not be equitable to not
extend the benefit to those candidates who have not come to the
Court being satisfied with the steps taken by the Commission and its
earlier Expert Committee which was given the task of revising the key
answers."
28.2. While carrying the above exercise, the Commission need
not revise the result of all those candidates whose names were
included in the Select List earlier published. We having already
pointed out that the appointments shall not be affected by this
exercise, there is no necessity to revise their result. Thus, this
exercise shall be undertaken excluding all the candidates who are
included in the Select List." (emphasis supplied)
30. During the course of argument, learned Advocate General
submitted that there are many vacancies of Assistant Teacher, L.T.
Grade in the State of Uttarakhand. Even, it is argued that against the
advertised posts, there are still many vacancies for which
recommendations have not been made. He would submit that the
candidates who have been recommended in the provisional
recommendation list may not be disturbed. The re-determination of
merit may be done to only unsuccessful candidates and if after re-
determination of unselected candidates, some of the candidates
achieve equal or more marks to the last selected candidate, they may
be offered appointment against vacant positions. Learned Advocate
General further submits that if the Court so directs such candidates
may be offered appointment on supernumerary posts.
31. Having considered the law on the subject, under the facts
and circumstances of this case, this Court is also of the view that a
middle path needs to be adopted. Accordingly, the candidates whose
names have already been recommended by the Commission in the
provisional recommendation list, they should not be disturbed. Two
questions i.e. Booklet A Question 2 and Booklet C Question 39 are to
be deleted and the Commission may be required to undertake this
exercise of deletion and then accordingly, as per the Guidelines of the
Commission allot the marks to the candidates. Similarly, Booklet D
Question 64 also needs re-evaluation because the correct answers are
options B & C. Therefore, the Commission may also be required to
undertake this exercise of revising the merits based on these options
and allot the marks as per the Guidelines.
32. The Commission should also publish a cut off marks of
the last selected candidates in the provisional recommendation list.
On the basis of revised result of unsuccessful candidates, such
candidates, who obtains equal or more marks than the last selected
candidate in the provisional recommendation list in their respective
subject/category shall be offered appointment against the vacant
positions and if required, the respondent/State may be directed to
create supernumerary posts for their appointment.
33. In view of the foregoing discussion, these petitions are
disposed of with the following directions:-
(i) The Uttarakhand Subordinate Service Commission
is directed to revise the result of all the candidates
by deleting two questions, namely, Booklet A
Question 2 and Booklet C Question 39.
(ii) The Commission is further directed to revise the
result of all the candidates for Booklet D Question
64 as the correct answer to this question is options
B & C.
(iii) For deleted questions (Booklet A Question 2 and
Booklet C Question 39) and Booklet D Question 64
after re-evaluation, marks should be allotted as per
the Guidelines of the Commission.
(iv) While carrying out the above exercise, the
Commission need not revise the result of all those
candidates whose names were included in the
provisional recommendation list published on
09.02.2025. The candidates whose names have
already been recommended in the provisional
recommendation list shall not be affected by this
exercise. There is no necessity to revise their result.
Therefore, this exercise shall be undertaken,
excluding all the candidates who were included in
the provisional recommendation list dated
09.02.2025.
(v) The Commission shall also publish cut-off marks of
the last selected candidate under each
subject/category, who were included in the
provisional recommendation list dated 09.02.2025
forwarded by the Commission.
(vi) On the basis of revised result, those candidates
who obtains equal or more marks than the marks
obtained by the last candidate in the provisional
recommendation list dated 09.02.2025, in their
respective subject/category, shall be offered
appointments against the vacant posts. If the
candidates could not be accommodated against the
vacant posts, the respondent, State of Uttarakhand
shall create supernumerary posts for them, so that
they may be appointed.
(vii) The entire exercise for revising the result and
making recommendation for appointment shall be
completed by the Commission within a period of
three months from today.
(Ravindra Maithani, J.)
04.06.2025
Jitendra
