BPSC 53-55TH EXAMINATION: HORRIBLE SITUATION

As news is coming that a writ (CWJC 15423/2011) is pending in Honorable Patna High court against preliminary examination. A case was filled in 2011 and now hearing is in its large stage. And so the examination is also in its last stage. Interview of all 2610 successful candidates is over. They are waiting for final result. However a case related to moderation is in larger bench. But in between, case related to PT came as a monster. According to sources, reservation followed in PT was wrong (as few students are claiming). They might have got some support from Allahabad High Court proceedings on very same issue. In BPSC some students might have missed mains examination (can not confirm) on that rule, due to screening nature of preliminary examination. Since reservation is a very sensitive issue, and has been guaranteed by our constitution to some unprivileged of our society. Hence it is not a matter of debate for us and it is better to avoid this issue. But the issue which has come out is that, petitioners are demanding a single mains examination for all students. Their logic is that mains examination is not a screening test, but its marks decide the final selection and overall ranking. They are giving the example of Odisha Public Service Commission. But the basic issue here is that why honorable high court waited so long for this issue? Since mains examination was held in April-May 2012, and case was filled in 2011, then why mains examination was not stayed earlier? Why BPSC didn’t take initiatives to resolve that issue before mains examination? It is empathic situation. Who is to be blamed for torturing those students who appeared in the mains examination or in interview?

It is true that even moderation adopted in mains examination is under observation of larger bench of Patna High court. But the interest of those, who have passed the mains examination, is not going to affect by adverse ruling (if any) in moderation issue, since it is unlikely that passed (in mains) will be ousted from the revised (if any) list. But as far as preliminary ruling is concerned, it will adversely affect all those who appeared in the mains examination as well as in interview. Since preliminary petitioners are demanding fresh preliminary result, fresh mains examination, on which honorable Justice Navaniti Prasad is some extent (perhaps) agree. However final verdict is yet to come on this case. If verdict comes like this, then whole procedure will start once again and litigation will continue, and BPSC might move (most likely) Supreme Court against the order. But at this juncture, nothing could be said. Matter is sub judice.  Before passing any judgment, let us wait for the verdict. We shouldn’t forget that about 20,000 students were declared qualified for the mains examination. 

UPPCS 2013 PRELIMINARY KEY ANSWER

 

Uttar Pradesh Public Service Commission has released the Answer key of State civil services preliminary examination 2013. You can approach UPPSC till 25th July for correction in answer key, if any. Please click link given below for Answer key

ANSWERR KEY

GENERAL STUDY-1       A           B               C              D

GENERAL STUDY-2       A           B               C              D

BPSC MODERATION: WHAT HONORABLE JUSTICE RAVI RANJAN SAID

 

Honorable Justice Dr. Ravi Ranjan order regarding BPSC moderation on 53-55^th mains examination (CWJC 9569/2013, 9674/2013 and many more) is now on public domain. However, all details of hearing are not in order copy, and also honorable Justice hasn’t passed any judgment, except accepting references of Honorable apex court judgment and referring it to the honorable Chief Justice of Patna High Court. In whole order copy, one is petitioner’s views and one is BPSC counsel view. Only at one point Justice Ravi Ranjan has accepted that apex court has said that moderation is not sufficient in case where multi-subjects examination is held. Honorable Ravi Ranjan said:

“From perusal of the aforesaid it would appear that the Apex Court has come to the conclusion that the procedure of moderation would only solve the problem of examiner Variability, where the examiners are many but valuation of answer-scripts in respect of a single subject is done and all the subjects are compulsory, however, moderation would be no answer where the problem would be to find out inter se merit across the subjects where examination has been conducted in different subjects. It has been held that, in order to solve the problem of inter se merit across different subjects, statistical experts have evolved a method known as scaling that is creation of a common scale. On that pretext it is being urged that, since admittedly, the Bihar Public Service Commission had adopted method of moderation for bringing uniformity which has already been held insufficient and improper in such examination by the Apex Court where different subjects are to be opted by different candidates, that has resulted in disparity in the scoring by the candidates in the different subjects.”

It also says “It is submitted that the Bihar Public Service Commission has adopted moderation and not the method of scaling in violation of the direction of the Division Bench contained in Annexure 6 which was passed on the basis of the judgment of the Apex Court in the judgment of Sanjay Singh (supra).”

One more thing, Justice Ravi Ranjan also mentioned Prashant Ramesh Chakrawar (supra) case. But let me remind you that in that case 6 steps of moderation is mentioned, and this judgment came in February 2013. But at that point of time, BPSC has already moderated answer sheets of students. Because in its affidavit BPSC clearly said that decision on moderation was taken in mid January 2013. It clears that BPSC violated the double bench order which has said until you make any rule, follow Sanjay Singh direction of Supreme Court. As said above that in Sanjay Singh case Supreme Court has favored scaling in those examinations where optional papers exist. It is also clear that (according to BPSC affidavit) so far BPSC hasn’t framed any rule regarding moderation or scaling. It means no rules were framed then Sanjay Singh (supra) order has to be followed. Even Chakrawar steps were not followed. BPSC didn’t followed any steps, because honorable Justice had said BPSC counsel during hearing that you didn’t prepare a model answer which was one of the steps of Chakrawar moderation formula.

Second and more important, BPSC has clearly stated in its affidavit that moderation was done on those students who scored more than 60% marks and less than 30% marks. This has not been mentioned in order copy. But one must not forget that after repeatedly asking, BPSC didn’t elaborate its process of moderation.  Hence this serious issue is going to be raised in the larger bench.

 One can draw many conclusions, but matter is serious and has to be dealt carefully. That is why Honorable Justice Dr. Ravi Ranjan has referred it to the larger bench, where most probably Honorable the Chief Justice of Patna High Court Rekha M. Doshit will chair the bench. Since no written stay is there, hence BPSC might declare the final result, but BPSC counsel has promised the Judge (Dr. Justice Ravi Ranjan) that no result will be published until case is  resolved, even BPSC is also saying that until case is pending no result will come. Let us see whether oral promise of stay is maintained which needs moral. About BPSC morality------?

 

CLICK HERE FOR COMPLETE ORDER COPY

 

 

BPSC 53-55TH RESULT MODERATION: JUDGMENT RESERVED

 

LATEST: CASE RELATED TO MODERATION HAS BEEN REFERRED TO LARGER BENCH (CONSTITUTION BENCH), WHICH MIGHT COMPRISE HONORABLE THE CHIEF JUSTICE OF PATNA HIGH COURT AS WELL AS TWO OR MORE OTHER JUDGES.

After a long period of hearing, Honorable Justice Dr. Ravi Ranjan has reserved the judgment of the case related to 53-55^th combined competitive mains examination moderation. It was a marathon hearing of almost 15 days. According to the advocate of students Shri Dinu Kumar, who challenged the moderation, case looks like in a favour of students. However it is yet uncertain what judgment will be delivered by Honorable Justice. But at the last day of hearing, BPSC’s advocate and advocate general of Bihar Government Shri Lalit Kishore failed to present any factual basis and proofs in support of BPSC’s moderation process. Despite repeatedly asked to present the methodology on which moderation was done, BPSC counsel didn’t present the methodology applied. It was clear that either BPSC didn’t follow any method or it didn’t want to disclose publically which is obviously strange.  Finally Honorable Justice asked Dinu Kumar whether whole mains examination should be cancelled? However before Dinu Kumar could reply, Justice Dr. Ravi Ranjan said that since process had gone at the extent of interview level, hence it would not be wise to cancel the whole examination. He was little in dilemma as well in a tough position, which he clearly elaborated, but he said that he would do something and find a way which might be a middle path.

Well, this is the situation at present. It is true that publishing of final result has not been stayed. But, at the same time Honorable Judge said that if decision goes against the commission, then whole result, if published, will be quashed. However BPSC's counsel Lalit Kishore said that result will not be published until case is disposed off.

 

It is strange that when interview was going on, students demanded to stay the process until case is disposed off, but Dr. Ravi Ranjan said that no need to stay since commission would not publish the result before disposal of case. Even BPSC counsel agreed with the judge. Let us wait whether oral order is followed or not.

Now going through the whole process and hearing, it is quite clear that BPSC is in defensive mood. During whole hearing process, either BPSC counsel took Passover or said that it had followed UPSC, KPSC, MPSC. However the counsel also said that UPSC process was not followed completely. Honorable Justice Ravi Ranjan asked BPSC repeatedly that just you were saying that you had followed a-b-c-d, but didn't elaborate what you had done? Even at one point of time Honorable Justice commented that BPSC moderation was like “ a farmer is in Punjab and child bore by a letter.” On 6^th July, 2013 Honorable Justice passed a written order and asked BPSC that whether that had followed UPSC moderation or not? But once again BPSC counsel repeated what he had said in earlier hearings. One of the students group advocate Shri Y.V. Giri said that Honorable Patna High Court Double bench had clearly said that rule regarding scaling should be framed within six months, but BPSC didn't make a rule. It is clearly breach of justice and hence whole moderation should be sidelined. Honorable Justice was agree with Girijee and noted some points on his logic. Honorable Justice Dr. Ravi Ranjan clearly said that BPSC moderation is bogus. 

So present scenario could be described as “wait and watch.” According to BPSC fighter group (those fighting against moderation) they are hoping a positive outcome, however not a complete outcome according to their wishes. Yet something is better than nothing. But in the whole proceeding, BPSC moderation’s limitations were exposed. One expects fair play from a constitutional body like BPSC. But only constitutional tag attached doesn’t guarantee fair play. We shouldn't forget that currently one former chairman and two former members of BPSC are in the Jail for malpractices. We shouldn’t also forget that Karnataka Public Service Commission’s recruitment process is under scanner and is being investigated by CID. BPSC is saying that it has followed Karnataka moderation.  What conclusion one can draw from this whole process? You can’t follow quite defined formula of scaling which is followed by all Hindi belt State Public Service Commissions but you are presenting the example of Karnataka which process is under scanner. Decision might go one way or other way but constitutional body like BPSC shouldn’t runway from its responsibilities in the age of right to information.

Here are the possibilities now:

 

1. Whole result will be quashed: (unlikely scenario since Judge said that pass students interest should also be minded)
2. Petitioners will be allowed: (Unlikely since final result is yet to be published and overlooking higher marks is not possible)
3. Result will be published without moderation and those coming above earlier cut off will be called for interview: (Most likely scenario)
4. Petition will be dismissed: (Unlikely since Honorable Judge has said that bpsc didn’t followed the procedures, it was on wrong foot, BPSC’s fault has been exposed and proved)
5. Scaling should be followed instead of moderation (Quite unlikely since it will revamp whole result).

One is free to take position in this scenario. Decision is likely to be delivered next week. Till then wait and guess.

 

JPSC 5TH CIVIL SERVICES NOTIFICATION

CLICK HERE FOR UPPCS 2011 MAINS EXAMINATION RESULT

CLICK HERE FOR FULL ADVERTISEMENT

FOR JHARKHAND LABOUR SERVICE SELECTION OF LSW AS A ONE OF THE OPTIONAL PAPER IN MAINS IS MUST
After a long wait and controversies, Jharkhand Public Service Commission has finally notified the advertisement for 5^th Combined Competitive Examination. Followings are the details of notification:

Notification Date: 2^nd July

Total number of posts: 236 (Jharkhand Administrative Service:91, Jharkhand Police Service: 41, Jharkhand Finance Service-31, Jharkhand Labour Service-20, Jharkhand Jail Service-09, Probation Officer-29, Excise Inspector-9, Labour Superintendent-7)

Last Date for Submitting Online application: 10 August, 2013

Last Date for Submitting Printed application through post: 21 August, 2013
Maximum Age: Maximum 35 years on 1 August 2009. (For General)
Minimum Age: 20-22 Years for various services on 1 August 2013

Number of attempts: 4 (Excluding 1^st and 2^nd Combined Examination)
Number of Passed in prelims: 12 to 13 times of total number of posts

Preliminary Syllabus:
General Study 1 (Total Marks: 100)
History of India and National Movement
India and World Geography
Indian Polity and Economy
History, Geography, Economy and Culture of Jharkhand
General Study 2-(Total Marks-100)
General Science
General Mental Ability
Current events of State, National and International importance

TOTAL MARKS: 200