Honorable Justice Dr. Ravi Ranjan order regarding BPSC moderation on 53-55th 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
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
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------?