‘Out of syllabus' questions: HC asks MPSC to share expert view
"In our view, it would be necessary to consider the opinion expressed by the expert relied upon by the MPSC. Prima facie, we do not find any justification for depriving the candidates of the opinion expressed by the expert," said Justices A S Chandurkar and Milind Sathaye in Tuesday's order. The HC order came on the MPSC's petitinon challenging the Maharashtra Administrative Tribunal's Nov 2022 judgment. The exams for the post of assistant accounts officer were held in April 2018, and results were declared in Oct 2019.
Candidates complained that the questions in a paper were beyond the syllabus, affecting their performance. MPSC claimed the questions were within the syllabus. Further, according to the opinion of an expert, they were valid.
MAT held that the three questions were beyond the prescribed syllabus. While declining the candidates' prayer for full marks for these questions, it directed MPSC to allot marks in a manner indicated in its judgment.
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MPSC moved HC stating that MAT could not have disregarded the expert's opinion. The candidates also challenged a part of the judgment which denied further relief despite MAT recording a finding that the questions were out of syllabus.
The expert's opinion was not revealed to them before MAT.
The HC judges noted that MPSC relied on an expert's opinion to substantiate its stand and furnished it to MAT in a sealed envelope.
MPSC's reply before MAT stated that, according to the expert's opinion, the questions are related to the Bombay Civil Services Rules and the day-to-day important working of the govt and are in accordance with the syllabus.
The judges said the issue of whether the questions "were out of syllabus or not goes to the root of the matter" and "much would therefore depend upon the opinion expressed by the expert." "The tribunal has considered the opinion but has thereafter disregarded the same," they added.
Hence, before proceeding with the hearing, the judges deemed it appropriate to direct MPSC to place on record the opinion. It would enable the court to consider whether the tribunal was justified in concluding that the questions were out of syllabus, the judge said. "Similarly, the candidates would also have an opportunity to contest the opinion of the expert in support of their stand that the said questions were indeed out of syllabus," they concluded.
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