LAW FOR ALL

Service matter = revised merit list drawn after the selective re-evaluation of the answer scripts of all the candidates who had appeared in the Main Examination for the posts of Subedars, Platoon Commanders and Sub-Inspectors in the respondent-State of Chhattisgarh.- the High Court has dismissed the Writ Petitions filed by the appellants herein and confirmed the revised merit list drawn after the selective re-evaluation of the answer scripts of all the candidates who had appeared in the Main Examination for the posts of Subedars, Platoon Commanders and Sub-Inspectors in the respondent-State of Chhattisgarh.= Admittedly, in the instant case the error committed by the respondent-Board in the matter of evaluation of the answer scripts could not be attributed to the appellants as they have neither been found to have committed any fraud or misrepresentation in being appointed qua the first merit list nor has the preparation of the erroneous model answer key or the specious result contributed to them. Had the contrary been the case, it would have justified their ouster upon re-evaluation and deprived them of any sympathy from this Court irrespective of their length of service. In our considered view, the appellants have successfully undergone training and are efficiently serving the respondent-State for more than three years and undoubtedly their termination would not only impinge upon the economic security of the appellants and their dependants but also adversely affect their careers. This would be highly unjust and grossly unfair to the appellants who are innocent appointees of an erroneous evaluation of the answer scripts. However, their continuation in service should neither give any unfair advantage to the appellants nor cause undue prejudice to the candidates selected qua the revised merit list. 27. Accordingly, we direct the respondent-State to appoint the appellants in the revised merit list placing them at the bottom of the said list. The candidates who have crossed the minimum statutory age for appointment shall be accommodated with suitable age relaxation. 28. We clarify that their appointment shall for all intents and purpose be fresh appointment which would not entitle the appellants to any back wages, seniority or any other benefit based on their earlier appointment. 29. The order passed by the High Court shall stand modified to the above extent. Appeals disposed of.