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Judgment
Sanjay Yadav, J.—Heard. Being denied to enter in the arena for appointment to the post of Samvida Shala Shikshak Grade-II being declared ineligible in the eligibility test 2011 as unable to score 90 marks, the minimum marks to be eligible, and instead awarded 89.44 marks, the petitioner has filed this petition seeking re-totaling of the marks.
It being not in dispute that the M.P. Professional Examination Board (VYAPAM for short) in pursuance to advertisement dated 28.9.2011 conducted eligibility test for 22,000 posts of Samvida Shala Shikshak Grade-II. The examination was conducted in accordance with the Rules of Examination 2011 known as Madhya Pradesh Shashan, Panchayat Avam Gramin Vikas Vibhag Tatha Madhya Pradesh, Nagariya Prashasan Avam Vikas Vibhag Ke Antargat Samvida Shala Shiksha Grade-2 Ke Liye Patrata Pariksha 2011. Pariksha Sanchalan Avam Bharti Niyam (referred to as Niyam).
Chapter I, Clause 16 of the Niyam provides for scheme of examination in the following terms:
Thus, though the structure and content of the examination segregated in four Sections, of three compulsory and one inter se optional; however as per scheme there is single question paper carrying 150 multiple choice questions carrying one mark for correct answer.
Clause 2.13, Chapter 2 of the Niyam provides for cancellation of wrong question and award of marks for it. The clause stipulates:-
Thus, clause 2.13 of Chapter 2 of the Niyam provides for that in case of wrong question by neutralizing the fraction can be rounded off, to two digits, meaning thereby if the fraction is 0.5 or above it can be rounded off to 1. Another aspect which is borne out from the example given in Clause 2.13 is that it is the sum total of entire question which is taken into consideration while neutralizing the wrong question.
The petitioner appeared in the eligibility test 2011 in Mathematics and was given Set B. The result was declared on 06.8.2012 whereon he came to know that 11 questions out of 150 questions were declared invalid. On further enquiries made by him it was informed that only 83 questions were correctly answered; therefore, was declared ineligible. On obtaining the mark sheet, petitioner found having obtained 89-44 marks. On an application under Right to Information Act, 2005, the petitioner was given the following details:
The controversy thus is as to whether the neutralization of error is section wise or from the total questions. And if section wise, the principle of rounding of can be ignored.
Plain reading of clause 2.13 of chapter indicates that it is total question which is to be taken into consideration while neutralizing the error of question and to round off by two digits. When assessed by said formula the break up, in the case at hand comes to:
Even if the marks are taken section wise then with the rounding off the sum total comes to 90:
Thus, either way applying the principle of neutralizing the error and rounding off, the petitioner gets 90 which makes him eligible for selection to the post of Samvida Shala Shikshak Grade-II.
In view whereof, the petition is allowed, the respondents are directed to permit the petitioner to participate in the counselling for appointment to the post of Samvida Shala Shikshak Grade-II. No costs. Certified copy by tomorrow.