Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

Whereas, Mr. Shah, Mr. Kapoor and Mr.Chopra, learned Counsel for the short-listed candidates
contend that there is no need to redraw he merit. According to them, in case of deletion of question
having printed errors/spelling mistakes and the questions which are admittedly wrong and have not
been deleted, the same would change the merit position of the unsuccessful candidates including the
writ petitioners. It has been submitted by them that the benefit of deletion of questions and adjustment
of marks of such questions pro-rata would confer equal benefit upon all the candidates who have
appeared in the papers, of which such questions are to be deleted. According to them, even if the
individual merit of a candidate improves, his comparative merit position qua the other candidates of
the same paper would remain the same.
The question in issue is not whether petitioners’ improved merit would bring them near to the merit
obtained by the last selected candidate. The issue under consideration is whether the selection of
short-listed candidates is fair. Undisputedly, by deletion of more questions, the merit of the candidates,
who appeared in any of the above said subject-papers, would certainly be improved.
In present kind of cut-throat competitions even small fractional difference in marks matters. By
alteration of merit, some unselected candidates can find place in the select list, whereas some of the
selected candidates may have to go out of the same. Whether the petitioners would find place in the
select list or some other unsuccessful candidates, who have not come to the Court, would be immaterial
for considering the validity of the selection of selected candidates. Under law, the selection of selected
candidates can be up-held only if the merit of all the candidates is found to have been fairly judged.
The comparative merit of the candidates cannot be said to have been fairly drawn, because the
unsuccessful candidates have been denied the benefit of the methodology adopted by the Commission
for distribution of the marks of such undeleted questions, which too ought to have been deleted, as
pointed out earlier.
Jammu & Kashmir PSC
It is true that so far as the paper of General Studies is concerned, such improvement of merit of the
candidates would not matter much, as the paper was compulsory and all the candidates will be benefited
alike. But, so far as the improvement of merit of the candidates of said optional subject-papers is
concerned, their merit is ultimately to be compared with the short-listed candidates, and in the event of
re-drawing the merit, the same can lead to the exclusion of some of the selected candidates and
inclusion of some of the unsuccessful candidates. Even a fractional improvement of merit position of
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