High Court
Case Details
WP(C) 430/2012 BEFORE HON’BLE MR JUSTICE B.K.SHARMA Heard Mr GP Bhowmik, learned counsel for the petitioner. Also heard Mr SN Sarma assisted by Ms P Khound, learned counsel representing the Oil India Limited. The matter pertains to selection for appointment of Junior Assistant-I (Clerk-cu m-Computer Operator). The petitioner, who has been declared failed in the writte n examination, has filed this writ petition claiming correct answer in respect o f Question No. 22. Earlier, upon re-evaluation of his answer scripts it was foun d that he was deprived of ‰ marks and on addition of the same his total marks in the written examination stood at 49.5. The qualifying marks for the written exa mination being 50 the petitioner lacks only ‰ marks. If the particular answer (Q uestion No.22) given by the petitioner is held to be correct he will secure 50.5 marks entitling him to sit in the next stage of the selection which is Computer Skill Test. The details of the facts involved in this case including the controversy relatin g to answer to question No. 22 is reflected in the order passed on 3.10.2012, op erative part of which is quoted below :- (cid:28)The particular question in respect of which the whole controversy has arisen is question No.22 preceded by the directions, which is quoted below :- (cid:28)Directions (21-22) : In each of the following two questions the two words given on one side of the double colon bear a relationship. The other side shows an in complete pair marked by a missing word, which bears a similar relationship with the given word, Find the missing word from then given options. 21. & & &. 22. Butterfly : Pollination Earthworm : ? (a) (c) Soil digging (d) Fertilization Spoilage (b) Pollution While according to the petitioner, the correct answer is 22(d) Fertilization, ac cording to the authority which was evaluated the answer sheet, the correct answe r is 22(c) soil digging.
Legal Reasoning
The example in respect of the question which is Butterfly: Pollination h as been referred to by the learned counsel for the petitioner to submit that if Butterfly is related to Pollination, earthworm is related to Fertilization. The dictionary meaning of Pollination is transferring or supplying of Pollen to the stigma of a flower, especially by aid of insect of other external agents. The wo rd Pollen as per the dictionary meaning is the fertilizing powder contained in the anthers of flowers. To answer the question correctly, we may also have to refer to question No. 13 ( Page 3 of the question and answer sheet) of the question and answer sheet. Quest ion No.13 relates to food production, agricultural research etc. in reference to which 5(five) questions had been put, each containing 4 (four) answers, one of which is the correct answer. While dealing with the question the common earthwor m has also been referred to describing it to be a friend of men because it work s like a dustman by breaking out the dead leaves and wood from plants and mixes them with the soil, thus making the soil richer. Having regard to the fact that if the plea of the petitioner is to be accepted, he will get through to the next phase of the selection at par with the others an d also in view of the fact that in respect of the other question, the Indian Ins titute of Bank Management, which have conducted the examination admitted their m istake in not awarding mark to the petitioner, the matter is remanded back to th e Indian Institute of Bank Management (IIBM) to reconsider the answer furnished by the petitioner in respect of question No. 22 referred to above. They will al so bear in mind that if both the answers i.e. soil digging/fertilization are re ferable to earthworm in reference to butterfly to pollination, the petitioner m ight be entitled to get full marks in respect of the answer given by him, which is Fertilization. Let the above exercise be carried out by the IIBM and place the results thereof before this Court on or before 16.10.2012. (cid:29) Pursuant to the above order, the respondents have filed an additional affidavit on 7.1.2013 furnishing the particular report of the authority. The report is dat ed 31.10.2012. For a ready reference, the report furnished upon re-examination o f the matter is quoted below :- (cid:29) We have re-examined the matter keeping in view the submission made by the cand idate and the Hon’ble Gauhati High Court order dated 03-10-2012 in this regard. Question No. 22 under reference is reproduced below :- (cid:28)Directions (21-22) : In each of the following two questions the two words given on one side of the double colon bear a relationship. The other side shows an in complete pair marked by a missing word, which bears a similar relationship with the given word, Find the missing word from then given options. 21. & & &. 22. Butterfly : Pollination Earthworm : /? (b) (c) Spoilage (b) Pollution (c) Soil digging (d) Fertilization As per our master question booklet for the said examination prepared in consulta tion with experts as well as by reference to books, journals, magazines etc. the correct answer to the above question is shown as option (c) soil digging. We ve rified the same by referring a textbook on biology published by NCERT. We reprod uce below the opening paragraph (page 106) and the closing paragraph (page 111) in the section under (cid:28)Earthworm (cid:29) in the said book under paragraph7.3 (photocopy enclosed): Opening paragraph: (cid:28)Earthworm is a reddish brown terrestrial invertebrate that i nhabits the upper layer of the moist soil. During day time, they live in burrows made by boring and swallowing the soil. In the gardens, they can be traced by t heir faecal deposits known as worm castings. (cid:29) Closing Paragraph: (cid:28)Earthworms are known as ’friends of farmers’ because they ma ke burrows in the soil and make it porous which helps in respiration and penetr ation of the developing plant roots. The process of increasing fertility of soil by earthworms is called vermicomposting (cid:29). Given the context, our submission on the matter is as follows: Pollination is defined as a process by which pollen (a fine to coarse powder con taining the microgametyophytes) is transferred from one plant to another. The tr ansfer of pollen helps in the reproduction of the plant specie. This act of poll ination precedes fertilization/ reproduction of plants. The earthworm by digging the soil modifies the physical structures of the soil and produces new aggregat es which are a source of improving soil fertility. In this context, the act of pollination by the butterfly and the act of digging by the earthworm are intermediate stages. The eventual outcome of these two acts leads to plant reproduction in one and soil fertilization in the other. Hence, the relationship of the earthworm to soil digging is more appropriate than ferti lization in the context of the analogy between butterfly and pollination. (cid:29) Mr GP Bhowmik, learned counsel for the petitioner submits that on perusal of the above report in reference to the order dated 3.10.2012 passed by this Court it cannot be said that the petitioner’s answer to question No. 22 was absolutely in correct and for that matter wrong disentitling the petitioner from getting any m ark. On the other hand, Mr Sarma, learned senior counsel representing the respon dents submits that when the matter pertains to a particular answer in reference to a particular question, the matter should be left open for decision of the Exp ert Body. I have given my anxious consideration to the submissions made by the learned cou nsel for the parties and have also perused the entire materials on record. While according to the respondents, the correct answer is (cid:28)Soil digging (cid:29), according t o the petitioner the correct answer is (cid:28)Fertilisation (cid:29). If we refer to the above quoted order dated 3.10.2012 and the report dated 31.10.2012 it will be seen th at (cid:28)Soil digging (cid:29) has a nexus with (cid:28)Fertilisation (cid:29). It may not be said that the answer of option (cid:28)Fertilisation (cid:29) is wholly incorrect. In the report dated 31.10. 2012 itself it has been observed in reference to Text Book of Biology that :- (cid:28)Earthworms are known as ’friends of farmers’ because they make burrows in the soil and make it porous which helps in respiration and penetration of the develo ping plant roots. The process of increasing fertility of soil by earthworms is c alled vermicomposting (cid:29).
Decision
In view of the above, in my considered opinion the petitioner was entitl ed to get mark against question No.22 as his answer (cid:28)Fertilisation (cid:29) was relatab le to (cid:28)soil digging (cid:29). If the petitioner gets only ‰ marks then also he will sta nd qualified in the written examination securing 50 in total, requiring the resp ondents to test his skill in computer operation. It is ordered accordingly. The writ petition stands disposed of directing the respondents to evaluate the c omputer operation skill of the petitioner treating him as qualified in the writt en examination. Subject to outcome of the said skill test, the future course of action will follow. At this stage, Mr Sarma representing the respondents submits that all the posts advertised having been filled up, even if the petitioner qualifies in the comput er operation skill and other segments of the selection, it may not be possible t o accommodate him. Disputing the same, Mr Bhowmik, learned counsel for the petit ioner submits that there are available vacancies to accommodate the petitioner. He is also agreeable if the respondents accommodate the petitioner against the f uture vacancies. It is made clear that this order will not be a precedent in respect of the claim of others pertaining to the same selection, more particularly, in view of the f act that none has made any grievance except the petitioner against the said sele ction.