Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 364 (JHR)

ANAND KUMAR v. THE STATE OF JHARKHAND

WPC/1201/2026 · 2026-02-24

Sri Ananda Sen

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:5420 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1201 of 2026 ------ 1. Anand Kumar, aged about 39 years, S/o Baidyanath Dhobi, Residence-At-80/2, Karbala Road, Old Karbala, PO-Girdih, PS-Girdih, District-Giridih, Jharkhand. 2. Virendra Paswan, aged about 41 years, S/o Subodh Paswan, Residence-Bartalla, Dahiya Tola, PO-Sahebganj, PS- Sahebganj, Dist-Sahebganj, Jharkhand. … … Petitioner(s) Versus 1. The State of Jharkhand. 2. The Principal Secretary, School Education and Literacy Department, Govt. of Jharkhand, having its office at Project Building, Dhurwa, PO-Dhurwa, PS-Jagarnnathpur, Dist- Ranchi. 3. The Principal Secretary, General Administration and Raj Bhasha Department, Govt. of Jharkhand, having its office at Project Building, Dhurwa, PO-Dhurwa, PS-Jagarnnathpur, Dist-Ranchi. 4. The Director, Secondary Education, Govt. of Jharkhand, having its office at Project Building, Dhurwa, PO-Dhurwa, PS- Jagarnnathpur, Dist-Ranchi. 5. The Chairman, Jharkhand Staff Selection Commission, Ranchi, having its office at Project Building, Dhurwa, PO- Dhurwa, PS-Jagarnnathpur, Dist-Ranchi. 6. The Secretary, Jharkhand Staff Selection Commission, Ranchi, having its office at Project Building, Dhurwa, PO- Dhurwa, PS-Jagarnnathpur, Dist-Ranchi. 7. The Examination Controller, Jharkhand Staff Selection Commission, Ranchi, having its office at Project Building, Dhurwa, PO-Dhurwa, PS-Jagarnnathpur, Dist-Ranchi. … … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Shubham Mishra, Advocate Mr. Kazi Asif Iqubal, Advocate Mr. Gyandev Raj, Advocate For the Respondent(s) : Ms. Pinky Tiwary, AC to AG Mr. Sanjoy Piprawall, Advocate Mr. Prince Kumar, Advocate Mr. Jay Prakash, Advocate Mr. Rakesh Ranjan, Advocate ------ 02/ 24th February, 2026 1. Heard the parties. 2. The petitioners, in this writ petition, has prayed for following reliefs:- 2026:JHHC:5420 2 “i. For issuance of appropriate writ(s)/order(s)/direction(s) in the nature of Mandamus commanding upon the respondent Jharkhand Staff Selection Commission to allot appropriate marks against the questions, which were answered correctly by the petitioners by opting the correct options in objective type paper (Computer Based Test) pursuant to Advertisement No.02/2023 (PGTTCE-2023) for appointment on the post of Post Graduate Trained Teacher in different subjects; ii. For further issuance of appropriate writ(s) / order(s)/ direction(s) in the nature of mandamus commanding upon the respondent-Jharkhand Staff Selection Commission to recommend the name of petitioners for appointment on the post of Post Graduate Trained Teacher, who have scored more marks than the last selected candidate in the concerned subject after re-allotment of marks. iii. For issuance of appropriate writ(s) / order(s)/ direction(s) in the nature of mandamus commanding upon the respondent-Jharkhand Staff Selection Commission to bring on record stored digital answer-sheets and evaluation of the same related with the petitioners, which is stored in the form of non writable DVD by the examination conducting outsource agency and after completion of examination submitted to the respondent-Jharkhand Staff Selection Commission. iv. Further for direction upon the respondents to keep seats vacant for the petitioners during the pendency of the writ petition.“ 3. The Jharkhand Staff Selection Commission (JSSC) issued an advertisement being Advertisement no. 02 of 2023 to recruit Post Graduate Trained Teachers (PGTTCE-2023). The examination was conducted in Computer Based Test (CBT) mode through empanelled agencies between 18 August 2023 and 10 September 2023. After the exam, JSSC published the provisional answer key on 20 September 2023 and invited objections from candidates. Later, JSSC stated that experts had reviewed the objections and released a final answer key. However, it was found that due to some technical or software error, the options chosen by candidates were shown incorrect/ got jumbled. Because of this issue, JSSC revised some answers after expert review. According to the petitioners, due to jumbling of options, the petitioners correct answers were treated as wrong, affecting their merit and selection. 4. Learned counsel for the petitioners submit that the 2026:JHHC:5420 3 errors occurred due to technical faults of JSSC or its empanelled agency, not due to any mistake of the petitioners. JSSC failed to properly consider the petitioners objections and correct the mistakes. He further submits that for the same issue, several writ applications were filed before this Hon'ble Court, wherein prayer was made for direction upon the respondent authorities to consider the grievance as there is irregularities with regard to the final result published by respondent Jharkhand Staff Selection Commission. He also submits that action of the respondent Jharkhand Staff Selection Commission in not considering the objection raised by the petitioners with respect to change occurred due to jumbled option of their responses in the final answer key and not taking the correct measures for redressing the same, is arbitrary and highhandedness. 5. The learned counsel for respondents submits that recruitment was conducted in a fair, transparent, and uniform manner through Computer Based Test (CBT) mode by duly empanelled and technically competent examination agencies. He further submits that adequate safeguards were in place to ensure accuracy, confidentiality, and integrity of the examination process. He also submits that candidates were given sufficient opportunity to raise objections within the stipulated time and all objections received were carefully examined by subject experts. 6. After hearing both the parties and upon perusal of the records, I am of the view that there is no evidence to show that the petitioners were treated differently from other candidates. The petitioners’ complaint is mainly that their answers in the computer- based test were wrongly evaluated because of a technical or software issue. Courts should not themselves re-check or reassess answer sheets, as they do not have academic expertise. Hon’ble Supreme court in case of Ran Vijay Singh v. State of U.P. reported in (2018) 2 SCC 357 in paragraph 30 has held as under:- “30. The law on the subject is therefore, quite clear and we only propose to highlight a few significant conclusions. They are: 30.1. If a statute, Rule or Regulation governing an examination permits the re-evaluation of an answer sheet or 2026:JHHC:5420 4 scrutiny of an answer sheet as a matter of right, then the authority conducting the examination may permit it; 30.2. If a statute, Rule or Regulation governing an examination does not permit re-evaluation or scrutiny of an answer sheet (as distinct from prohibiting it) then the court may permit re-evaluation or scrutiny only if it is demonstrated very clearly, without any “inferential process of reasoning or by a process of rationalisation” and only in rare or exceptional cases that a material error has been committed; 30.3. The court should not at all re-evaluate or scrutinise the answer sheets of a candidate—it has no expertise in the matter and academic matters are best left to academics; 30.4. The court should presume the correctness of the key answers and proceed on that assumption; and 30.5. In the event of a doubt, the benefit should go to the examination authority rather than to the candidate.” 7. In view of the judgments of the Hon’ble Supreme Court and the facts of the case, I find that in matter relating to evaluation of answer sheets and determination of correctness of answers, the scope of judicial review is extremely limited. This Court also notes that several candidates participated in the same examination under the same conditions and the petitioners have failed to establish that the alleged technical issue vitiated the entire selection process or that the respondent Commission acted in a discriminatory or arbitrary manner. 8. So far as the selection of the petitioners is concerned, since there is nothing on record that the petitioners have obtained higher marks than then the last selected candidate in the category and subject of the petitioners, I am not inclined to entertain this writ petition. 9. In the event, if it is found that any person obtaining lesser marks than the petitioners in the subject and category of the petitioners is appointed, it will be open for the petitioners to approach J.S.S.C. 10. With the aforesaid observations, this writ petition stands disposed of. (ANANDA SEN, J.) 24.02.2026 S.K.D./Amar Cp-2 Uploaded on 26.02.2026