RAJESH KUMAR & ORS. ETC. versus STATE OF BIHAR & ORS. ETC.

RAJESH KUMAR & ORS. ETC. versus STATE OF BIHAR & ORS. ETC.

The use of a defective Model Answer Key vitiated the selection process; remedy lies in re-evaluating answer scripts with the correct key, rather than conducting a fresh examination, as this is just, efficient, and does not unfairly oust innocent appointees.

Parties
Appellants: Rajesh Kumar & Ors. etc.; Respondents: State of Bihar & Ors. etc.
Jurisdiction
India
Judgment Date
13 March 2013
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals allowed; High Court order set aside.
Legal Topics
Selection and Appointment, Competitive Examination, Evaluation of Answer Scripts, Model Answer Key Defect
Service Law Selection and Appointment Competitive Examination Evaluation of Answer Scripts Model Answer Key Defect

Case Brief

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Parties

Rajesh Kumar & Ors. etc.

Appellants

State of Bihar & Ors. etc.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the use of a defective Model Answer Key vitiated the selection process and appointments?
  2. 2 What is the appropriate remedial measure: fresh examination or re-evaluation of answer scripts?

Ratio Decidendi

The use of a defective Model Answer Key vitiated the selection process; remedy lies in re-evaluating answer scripts with the correct key, rather than conducting a fresh examination, as this is just, efficient, and does not unfairly oust innocent appointees.

Court Disposition

Appeals allowed; High Court order set aside.

Orders

  • Answer scripts to be re-evaluated with correct key, fresh merit list to be drawn.
  • Candidates in merit list but not yet appointed to be offered appointments; seniority from initial appointment date, no back wages.