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

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an unsuccessful candidate can bring him within the selection zone. As the Commission is bound to
select the person who is the best, it would not matter as to who gets selected or who goes out of the
select list. The contention is, therefore without any force.
Now, it shall be appropriate to examine the validity of the methodology adopted by the Commission,
whereby the admitted wrong questions have been deleted and marks of such deleted questions
distributed pro-rata to the remaining questions. For instance, as per the admitted stand of the
Commission, in the optional subject paper of Animal Husbandry, 37 questions out of 120 questions
were wrong, so those were deleted. Each question was having 2.50 marks, so 37 questions carried
in all 92.50 marks. When 92.50 marks were distributed amongst remaining 83 questions, each
question’s marks got increased to 3.61 marks. Thus, the performance of a candidate was judged on
the basis of questions he correctly answered out of 83 questions, each question having 3.61 marks.
The contention of learned counsel for petitioners is that the methodology adopted by the Commission
is unfair, unreasonable and impractical. For illustrating his view point, Mr. Rahul Pant, learned counsel
for some of the petitioners, submits that suppose a candidate “X”, who had opted for Animal Husbandry
subject-paper, correctly answered 50 questions out of 83 questions, he would be getting 3.61 x 50 =
180.50 marks. Similarly, a candidate “Y”, who appeared in a subject paper with no wrong question,
also correctly answered 50 questions out of 120 questions, he would be getting 2.50 x 50 = 125
marks only. Thus, the candidate “X” would be getting 55.50 more marks than the candidate “Y”,
while both the candidates have correctly answered 50 questions. Mr. Raina, learned counsel for the
Commission, submits that in the above illustration the candidate “X” would be in an advantageous
position, meaning thereby that the petitioners have gained, so they should not be allowed to raise the
grievance.
Jammu & Kashmir PSC
The question in issue is not whether the petitioners were put in an advantageous position due to the
fact that their subject papers had wrong questions or were in a disadvantageous position. The Public
Service Commission is a Public Institution created for safeguarding the interests of public by making
selection of most meritorious persons to the public offices, so its every act/action towards a selection
process for being valid has to meet the test of fairness and reasonableness. No act/action can be fair
and reasonable if it is not free from arbitrariness, unreasonableness and malafide. Arbitrariness flow
from an action which gives unequal treatment to equals. A selection process, which puts some candidates