IN THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM, NAGALAND, MIOZRAM, AND ARUNACHAL PRADESH)

Writ Appeal 370/2014

1) Jenithung Tungoe 2) C. Manie Phom 3) A.Z. Limhathung Lotha 4) Merithung Ovung 5) K. Yanrenthung Ovung. Appellant. -Versus-

1) Nagaland Public Service Commission represented by the Secretary.

2) The Chairman, Nagaland Public Service

Commission. 3) The Controller of Examination, Nagaland

Public Service Commission. 4) The Principal Secretary to the Government

of Nagaland, Personnel and Administrative Reforms Department.

5) Virekhru Domeh(Roll 7412) DBS, Kohima. 6) Sakuchingmak(Roll 7125), School

Education Department, Nagaland Civil Secretariat.

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7) Nathan Konyak(Roll 7399), C/o ASEN, Women Christian Hostel, near Zeme Baptist Church, Police Colony.

8) Vitoka Yepthomi(Roll 7110), Post Box 53,

Dimapur, Nagaland. 9) Puhan Khiamniungan(Roll 7103), School

Education Department, Nagaland Civil Secretariat.

10) Nuhuta Junyi(Roll 7250), SA GAB II, Home

Department, Kohima. 11) Depe Letro(Roll 7185), Middle AG Colony,

Kohima. 12) Anguka Swu(Roll 7166), Padum Pukhuri

Boock 3, House 461, Dimapur, Nagaland. 13) Hoto K Yeptho(Roll 7184), Sumi Baptist

Church, 4th Mile, Diphupar, Dimapur. 14) Kiyelu T Yeptho(Roll 7175), Sumi Baptist

Church, 4th Mile, Dimapur, Nagaland. 15) Renbithung Jami(Roll 7301), House 42,

Kennozon Colony, Kohima. 16) S. Atok Phom(Roll 7174), SAB-B, Home

Department, Nagaland Civil Secretariat, Kohima.

17) Lipokshungkum Imsong(Roll 7164), Home

Department, Nagaland Civil Secretariat. 18) Samuel Newmai(Roll 7227), Excise

Department, Nagaland Civil Secretariat, Kohima.

19) Kenedy K Yepthomi(Roll 7308), Personnel

and Administrative Reforms Department, Nagaland Civil Secretariat, Kohima.

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20) Kesangu-u Soukhrie Nganga(Roll 7339), Kohima village, L-Khel.

21) Imliwapang Aier(Roll 7253), House 30,

Lower Bayavu Hill, near Mountain View College, Kohima.

22) Zhokhusheyi Rhakho(Roll 7038), Marina

Bombay Dying, Josokie Place, Razhu Point(Main Town), Kohima.

23) Vikutu Chishi(Roll 7155), Post Box 1017,

Head Post Office, Kohima. Respondent.

PRESENT

HON’BLE THE CHIEF JUSTICE(ACTING) MR. K. SREEDHAR RAO HON’BLE MR JUSTICE T. VAIPHEI

For the appellants : Sri S. Dutta Sr. Advocate. For the respondent 1, 2 and 3 : Sri DK Mishra Sr. Advocate For the State respondents : Smt. T. Khro, G.A.

Date of hearing and judgment : 28.9.2015

JUDGMENT-AND-ORDER

Chief Justice(Acting) Mr. K. Sreedhar Rao.

The Nagaland Public Service Commissioner had held NCS, NPS,

NSS and Allied Services Examinations 2014 for selection to the following

posts:

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1) 20(twenty) posts of Extra Assistant Commissioner[Class I Gazetted(Junior Grade)] under the Personnel and Administrative Reforms Department, Nagaland.

2) 3(three) posts of Deputy Superintendent of Police(Class I Gazetted) under the Home Department, Police Establishment Branch, Nagaland.

3) 2(two) posts of Youth Resources Officer(Class II Gazetted) under the Youth Resources and Sports Department, Nagaland.

4) 2(two) posts of Station Superintendent(Class II Gazetted) under the Nagaland State Transport Department, Nagaland.

5) 40(fourty) posts of Secretariat Assistant(Class III Non-gazetted) under the Personnel and Administrative Reforms Department, Nagaland.

6) 2(two) posts of Research Assistant(Class III Non-gazetted) under the Arts and Culture Department, Nagaland.(Reserved for Angami and Khiamniungan Tribe).

7) 1(one) post of Research Assistant(Class III Non-gazetted under the Administrative Training Institute, Nagaland.

8) 2(two) posts of Assistant Jailor(Class III Non-gazetted) under

the Prison Department, Nagaland. (Only for Male Candidates).

2) The examination had three stages ~ Preliminary, Mains and Viva

Voce. Out of the 13000 candidates appeared in the Preliminary, 502 were

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qualified for the Mains. However, 487 candidates appeared in the Mains.

The Mains consisted of the following Papers.

(i) General English.

(ii) General Studies Paper-I(MCQ).

(iii) General Studies Paper-II(Descriptive).

3) The Mains was held spreading over a period of three days and

concluded on 4.9.2014. About six days after the conclusion of the Mains,

19 candidates who appeared in the Mains had submitted their objections

to the Commission vide annexure M, which reads as follows.

“Date: 09/09/14.

ANNEXURE-M.

To, The Controller of Examination, Nagaland Public Service Commission, Nagaland, Kohima.

Sub: Prayer for rectification of NPSC Civil Service 2014(Main) Paper

I(MCO).

Sir/Madam,

With utmost concern, we, the undersigned are deeply constrained to bring to your notice the following points for your kind perusal with regards to ‘NPSC Civil Service(Main) 2014, General Studies, Paper 1(MCQ). 1. The current affairs questions has been fully copy paste from the book TATA McGraw Hills General Studies Manual-2013. Current Events, page 99 to 103, wherein within five pages (100 Questions) of that

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single book, 50 marks questions has been copy paste. But the main issue here is that, the so called current affairs are no longer current because the events of 2011 & 2012 are no more current affairs of 2014 and rather part of General Knowledge(GK is not part of the syllabus). 2. Out of 200 questions, at least 120 questions are copy paste from the mentioned book question bank. In this regard the exam becomes heavily tilted in favour of some people (those who read the said book) only and the matter of level playing field stands compromised. It becomes very unfair and unjustifiable because in such a situation, exam becomes more a matter of luck & less of hard work or intelligence. Speculation also becomes rift when in premiere exam like NPSC, there are some people who knows almost 100% of the answers. Last year the court has issued a stay order for Manipur Civil Service Prelims exam as the questions were fully cop paste from one single website. It is unfortunate that NPSC is making similar mistake. We therefore, earnestly appeal to your office to rectify this grievous flaw by allotting equal marks in the current affairs section or re-conduct exam for Paper I(MCQ). Copy paste is one thing, but setting question out of context is everything. Also, do set questions in original in future without copy paste from any book or website so as to maintain the standard & quality of exam. NPSC has come a long way in gaining the confidence of the people & we believe that it would uphold & even enhance its credibility by allowing the aspirants to repose faith in the system.

Enclosed:-As Stated.

Copy to:-

1. Chairman, NPSC, Nagaland, Kohima. 2. Member, NPSC , Nagaland, Kohima. 3. Secretary, NPSC, Nagaland Kohima”.

4) The Commission took cognisance of the objections and later held a

meeting on 11.9.2014. The members who participated at the meeting

have discussed about three possible options in their opinion to deal with

the objections raised by the 19 candidates, which are as follows.

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“(1) To allot equal marks to all candidates on all the copy pasted questions found in General Studies Paper-I.

(2) To conduct a fresh exam on General Studies paper-I and (3) To do away the General Studies Paper-I and assessed the merit of the candidates from the other 2(two) papers i.e. General English(200 marks) and General Studies Paper-II(200 marks) both are descriptive”.

5) The Commission, out of the said three options, has found that it is

not practical to go in for the second solution of conducting a fresh exam

due to time factor. The third option discussed was also not found to be

feasible, since it was found that out of the 200 questions in GS-I Paper

about 119 questions were virtually borrowed from the TATA McGraw-Hill

Series 2013. The Commission has found that the job entrusted to a

company for setting the question paper has committed impropriety in

substantially borrowing the 119 questions from one book. The students

who followed and studied the TATA McGraw-Hill Series 2013 will have an

advantage of answering the questions easily whereas the students who

had not studied and followed the TATA McGraw-Hill Series 2013 will not

have that disadvantage. The Commission, therefore, opined that all the

candidates who appeared in the GS-I Paper should be given 119 marks

equally in respect of the questions which are a replica of the TATA

McGraw-Hill Series 2013 irrespective of whether each of them attempted

the questions correctly or not. The viva voce is also held. Results are not

declared. At that stage petitioners have filed the writ petition[WP(C)

187(K)/2014] challenging the decision of the Commission to award 119

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marks equally to the candidates who appeared in the GS-I Paper

irrespective of whether they attempted the questions correctly or not.

6) The learned Single Judge passed an interim order directing the

Commission not to declare the results. Later on at the instance of the

Commission the learned Single Judge vacated the interim order.

Aggrieved by the vacation of the interim order petitioners have filed an

appeal. In the course of hearing of the said appeal on the interim order,

at the request of the parties the writ petition was withdrawn from the file

of the learned Single Judge to the Division Bench at the Principal Seat for

deciding the writ petition on merits.

7) The first contention is that 119 questions in the GS-I Paper were

virtually borrowed from the TATA McGraw-Hill Series 2013 and such

method of copy-and-paste from the said book would only give unfair

advantage to the candidates who have followed and studied the said book

and disadvantage to the students who have not followed and studied the

said book. Secondly, it is contended that the questions to be asked were

to be confined to the current affairs of the year 2014 and not of the year

2011-12, therefore the questions which relate to the events of the year

2011-12 cannot be considered as current affairs hence the events

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pertaining to the year 2011-2012 would be outside the syllabus

prescribed.

8) Shri S. Dutta, the learned senior counsel for the petitioners, has

strenuously submitted that the decision of the Commission to award 119

marks equally to all the candidates who attempted GS-I Paper is malafide

and arbitrary. The Commission ought to have evaluated the answers and

given the marks to the 119 questions according to the rules. In the rules

of evaluation a correct answer gets full mark while a wrong answer gets

negative mark. If that method is adopted the candidates who have

correctly answered the questions would be eligible to get higher marks

and those who have not correctly answered the questions would get

negative marks and that the 119 marks equally given to all the

candidates would be totally unfair and arbitrary.

9) It was further contended that the allegation that the questions in

GS-I Paper about 119 questions were borrowed from model question

paper book TATA McGraw-Hill Series 2013 is not a ground by itself to

hold that there is mala fide in setting the question paper, therefore to

award marks on the ground that the questions asked are copy-pasted

from the book is also unfair and arbitrary. Therefore, to award 119 marks

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to all the candidates on the ground that the questions asked are copy-

pasted from the TATA McGraw-Hill Series 2013 is unfair and arbitrary.

10) Per contra, Shri DK Mishra, the learned senior counsel appearing

for the Commission, has relied upon the minutes of the meeting held by

the Commission on 11.9.2014 vide annexure A and submitted that the

Commission has all the plenary powers in conducting the examination

and in evaluating the merit of the candidates who appeared in the

examination. Three possible options were discussed by the Commission.

The second option was found to be not feasible because of time factor.

The third option was found to be not equitable to ignore the marks

secured by the candidates in the GS-I Paper. Therefore the Commission

took a bona fide decision that 119 marks be equally awarded to each of

the candidates who appeared in the GS-I Paper. It is strenuously

contended that there is no dishonesty or mala fide in the decision taken

by the Commission. All the available options were thoroughly discussed

and debated and finally it was held that to allot equal marks was the best

suitable solution to the situation.

11) The learned senior counsel for the Commission has relied upon the

decisions of the Supreme Court in Subodh Kumar and others v. Bihar

Public Service Commission and others(MANU/BH/0532/1995) and UP

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Public Service Commission v. Subhash Chandra Dixit and others[(2003)

12 SCC 701] to bring home the point that the Commission has got

plenary powers for conducting examinations, evaluating answer-sheets

and assessing the merit of the candidates. In the absence of mala fide it

is impermissible on the part of the petitioners to question the decision of

the Commission.

12) Smt. T. Khro, the learned govt. advocate, has submitted that they

have not filed any objection statement and they would abide by the

decision of the Court.

13) Shri D. Nath, the learned counsel for the private respondents, has

submitted that out of the 19 students who submitted objections to the

Commission on the ground that the GS-I question paper was copy-

pasted, 15 of them have been qualified for the viva voce and four of them

have failed in the Mains, therefore there is no element of favouritism

shown to the 19 students who filed objections to the Commission

regarding the legal validity of the GS-I question paper, as such he argued

that the decision taken by the Commission is fair and correct and does

not call for interference.

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14) After a stern scrutiny of the rival contentions we find that basically

three questions emerge to call for answer:

(i) Whether the copy-pasting of 119 questions from the TATA

McGraw-Hill Series 2013 amounts to illegality and unfairness.

(ii) Whether the questions of GS-I Paper relating to the events of

the year 2011-12 should be considered as out of the syllabus and does

not conform to the current affairs.

(iii) Whether the Commission was justified in allotting 119 marks

equally to all the candidates who appeared in the GS-I Paper.

15) It is not in dispute that 119 model questions from the TATA

McGraw-Hill Series 2013 were borrowed in the GS-I Question Paper. It is

the contention that according to the recruitment rules published in the

notification dated 28th September, 2011 the GS-I Question Paper will

consist of the questions on the following matters.

(i) Modern History of India and Indian Culture.

(ii) Current events of national and international importance.

(iii) Statistical analysis, graphs and diagrams.

(iv) Basic and everyday science.

(v) Nagaland in all aspects.

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16) The following 119 questions are said to be replica of the questions

in the model question book of the TATA McGraw-Hill Series 2013:

PAPER : GENERAL STUDIES PAPER – I(MCQ).

1. The largest Stupa at Sanchi is assignable to the period of the

A) Maurya B) Kushanas C) Satavahanas D) Gupta

3. When did Ghandhiji first coined harizan for the so called “untouchables” in India. A) 1916 B) 1922 C) 1932 D) 1942 4. Hunter Commission was appointed by the British to probe into the A) Bardoli Satyagraha B) Khilafat agitation C) Jallianwala Bagh Tragedy D) Chauri Chaura incident. 5. The first country to establish trade relation with India was A) England B) Holland C) Franch D) Portugal 12. The state of Jhansi was made a part of British Empire through the A) A Doctrine of Lapse B) Policy of subsidiary alliance B) War against Rani Lakshmibai D) None of these. 13. Put in ascending chronological order a. First battle of Panipat b. Second battle of Tarain c. Shifting of capital from Delhi to Deogiri d. Ahmad Shah Adali’s invasion. A) abcd B) bacd C) cbad D) bcad

14. The emphasis on love as the bond between God and individual soul was based on the idea.

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A) Monotheism B) Polytheism C) Pantheism D) Agnosticism.

15. European painting was introduced in the court of

A) Humayun B) Akbar C) Jahangir D) Shahjahan.

16. (a) Assertion : The 1857 mutiny was suppressed by the British.

(r) Reason: Except for people like Rani of Jhansi and Tantya Tope, few feudal lords participated in the mutiny.

A) Both a & r are true and r is the explanation for r B) Both a & r are true and r is not the correct explanation for a C) Both a & r are false. D) A is true, r is false

17. The French challenge to British supremacy in India came to an end with

A) The Battle of Wandiwash B) The Battle of Bauxer C) The Battle of Seringapatnam D) The Battle of Plassey

18. The main aim of Asiatic Society was to

A) discover the past B) promote western culture in Asia C) develop unity among Asian people D) spread English education

19. Which of the following princely states was not annexed by the British?

A) Satara B) Awadh C) Gwalior D) Sind.

20. Which of the statements are true?

1. The relation between Nepal and British India were never cordial 2. Nepal was a buffer state between India and Tibet or China 3. Bhutan maintained an independent foreign policy 4. None of the above.

A) Only 2 B) 2 & 3 C) Only 4 D) 1 & 3

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21. Which of the following was not conquered by Ranjit Singh.

A) Beeas Sutlej territory B) Multan C) Kashmir D) Peshwar

22. Rule of Law in British India mean

A) that everybody is equal in the eyes of law B) that British and Indian subjects went to the same courts. C) that laws were framed and courts set up. D) None of these.

23. The 19th reawakening in India was confined to the

A) Priestly classes B) upper middle classes C) rich peasantry D) urban landlords.

24. Who said “India has to unite and conquer the whole world once again with its might”.

A) Jawarharlal Nehru B) Dayanda Swaraswati C) Swami Vivekananda D) Ramkrishna Paramhansa

25. Of the following East India Company’s officials who was not tried for misconduct by British Parliament?

A) Lord Clive B) Warren Hastings C) Lord Wellesley D) Lord Hardinge.

26. Through the Portuguese some new crops were introduced in India, find the odd one.

A) Potato B) Pineapple C) Tobacco D) Maize

27. Which of the following was the first fortified English port in India.

A) Masulipatam B) Armagaon C) Surat D) Fort St. George

28. The treaty of Beswan was signed by the English with

A) Holkar B) Peshwa C) Scindia D) Bhonsle

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29. The Italian traveler who left a praiseworthy note on the Vijaynagar empire was.

A) Barbosa B) Marco Polo C) Nicolo Conti D) Tome Pires

30. Which of the following proved to be the most short lived of all the British Constitutional experiments in India?

A) Government of India Act, 1939 B) Indian Council Act, 1909. C) Pitt’s India Act, 1784 D) None of these.

31. On 17th October 1940, the individual Satyagraha was inaugurated by A) Sardar Vallabhbhai Patel B) MK Gandhi C) Acharya Vinoba Bhave D) Jawaharlal Nehru.

32. The twin principle of Gandhi’s Ram Rajya were

A) Truth and nonviolence B) Right means and right ends C) Khadi and Ahinsha D) None of these.

33. FICCI was founded by

A) Birla and Tata B) Tata and Thakurdas C) Birla and Thakurdas D) None of these.

34. Most enduring and militant agitation originated during 1945-47 was the A) Thebhaga movement B) Telengana movement C) Travancore movement D) Baksht Peasant movement

35. Who among the following attended the three Round Table Conference.

A) Sardar Vallabhbhai Patel B) M.K. Gandhi C) Acharya Voniba Bhave D) B.R. Ambedkar

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36. Who among the following leaders opined. “We will not achieve any success in our labours if we croak once a year like a frog”

A) Acharya Vonoba Bhave B) Jawaharlal Nehru C) B.G. Tilak D) Bipin Chandra Pal

37. In 1890 the first woman graduate from Calcutta University addressed the Congress Session. Who was she

A) Kadambini Ganguly B) Pandita Rama Bai C) Malavika Mukherjee D) None of these. 38. Who played an important role in bringing together the Muslim League and

the Congress in 1916?

A) Jawaharlal Nehru B) M.K.Gandhi C) Acharya Vonoba Bhave D) B.G. Tilak.

39. The boundary between India and Pakistan was created by

A) Lord Mountbatten B) Sir Cyril Radcliffe C) Sir Stafford Cripps D) None of these.

40. Formation of an interim Government set up on September 2, 1946 was first envisaged by.

A) Wavell Plan B) Cripps Mission C) Cabinet Mission Plan D) None of these.

41. Who was made the Home Minister when Jawaharlal Nehru formed first interim Government in 1946?

A) Mohammad Ali Jinnah B) Baldev Singh C) Liaqut Ali Patel D) Sardar Patel

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42. Who was the President of Indian National Congress when India became free?

A) Mahatma Gandhi B) Jawaharlal Nehru C) J.B. Kripalani D) Sardar Patel.

43. Who proposed the preamble before the drafting committee of Constitution.

A) Jawaharlal Nehru B) B.R. Ambedkar C) B.N. Rau D) J.B. Kripalani

44. The Quit India campaign was launched after the failure of

A) Cripps Mission B) Simla Conference C) Cabinet Mission D) None of these.

45. The Moplah rebellion in 1921 broke out in

A) Bengal B) Bihar C) Kerala D) Assam

46. Who is remembered as the pioneer of economic nationalism?

A) G.K.Gokhale B) Bipin Chandra Pal C) R.C. Dutt D) Madan Mohan Malviya

47. Who was the advocate at the INA trial?

A) Bhula Bhai Desai B) Woomesh Chander Banerjee C) Asaf Ali D) C. Rajagopalchari 48. The British Cabinet Mission which came to India in 1946 did not have as

its member A) A.V.Alexander B) Sir Stafford Cripps C) Campbell Johnson D) Lord Pethick Lawrence

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49. In which year did Bankim Chandra write Anandamath?

A) 1882 B) 1858 C) 1891 D) 1842.

50. The first Satyagrah campaign of Gandhiji was started at

A) Bardaloi B) Champaran C) Dandi D) Baroda

55. Sweat contains

A) Pure water B) water salt and waste matter C) Phosphoric acid D) Calcium phosphate and water

56. Riboflavin is a/an

A) Enzyme B) Antibiotic C) Vitamin D) Colouring agent.

57. Linseed oil is used mainly in

A) Washing B) Painting C) Feeding D) Massaging

59. Cooking oil can be converted into vegetable ghee by the process of –

A) Hydrogenation B) Distillation C) Crystallization D) Oxidation

90. Which of the following states topped the medals tally at the 26th North East Games?

A) Assam B) Mizoram C) Tripura D) Manipur.

91. Which of the following cities hosted the 15th World Sanskrit Conference?

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A) Chennai B) Jaipur C) New Delhi D) Patna.

92. Madhav Gadgil Committee placed the report in public domain in 2012 is related to

A) Reservation of women B) Defence procurement C) Ragging in educational institution D) Western Ghat Ecology.

93. A prehistoric druidical rock worshipping place and shelter resembling to those in Europe and Africa were discovered in India in 2012 in

A) Kerala B) Andhra Pradesh C) Madhya Pradesh D) Gujarat

94. Who of the following Indian has been listed as world’s most influential people?

A) Sonia Gandhi B) Mamata Banerjee C) Pranab Mukherjee D) Mayavati.

95. The first edition of the Global Food Security Forum was held in 2012 in

A) Tirana B) Rabat C) Nairobi D) Dubai

96. “Barack Obama: The Story” is written by

A) David Maraniss B) Edward Klein C) J.M.Coetzee D) Easterine Kire

97. 26th North East Games were held in

A) Assam B) Mizoram C) Tripura D) Manipur

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98. In which of the following cities UN Conference on Sustainable Development was held in 2012?

A) New York B) Durban C) Rio de Janeiro D) Tokyo

99. Prakash Bakshi Committee, set up in 2012 is related to

A) Reservation of women B) Defense procurement C) Rural credit coooperatives D) Sugar de-control.

100. Who of the following won the Pritzker Archtecture Prize in 2012?

A) Wang Su B) Yang Sianf Koma C) Shinya Yamanka D) None of these

101. A major University centre dedicated to the life and works of Rabindranath Tagore was opened in 2012 in

A) London B) Tokyo C) Edinburn D) New Delhi

102. The 2012 BRICKS Summit was held in

A) Brasilia B) Durban C) New Delhi D) Sanya

103. The 3rd Asian Beach Games were in

A) Bangkok B) Haiyang C) Chennai D) Singapore

104. Charles Taylor who was sentenced to 50 years was the President of

A) Liberia B) Uganda C) Zambia D) Ivory Coast

105. The 12th Summit of Shanghai Cooperative Organisation was held at

A) Tashkent B) Astana C) Beijing D) Dushanbe

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106. Which of the following cities hosted the meeting of North South Transport Corridor in 2012?

A) Moscow B) New Delhi C) Tehran D) Ankara

107. In 2012 the Union Cabinet approved the setting up of North East Centre for Technology Application and Research

A) Shillong B) Dispur C) Imphal D) Kohima

108. Which of the following states launched the India’s first ever river-lake link project in 2012?

A) Odisha B) Madhya Pradesh C) Uttarkhand D) Bihar

109. The largest solar telescope in Europe was opened in 2012 in

A) Spain B) Netherlands C) Belgium D) Franch

110. Who won the Wisden’s Leading Cricketer in the world awarded in 2012.

A) Sachin Tendulkar B) Team Bresnan C) K. Sangakkara D) Glen Chapple

111. Which of the following countries topped the list of most failed states in the world

A) Sudan B) Chad C) Somalia C) Congo

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112. Who is the author of the book ‘A Life in Politics’?

A) Pranab Mukherjee B) Prakash Katat C) Mamata Banerjee D) P.A. Sangma 113. Which of the following countries won the Thomas Cup(2012) Badminton

Championship?

A) India B) China C) Japan D) South Korea

114. The book ‘Pakistan on the Brink: The Future of America, Pakistan and Afghanistan’ is written by

A) Jack Higgins B) Khalid Mohamed C) Ahmed Rashid D) Jamil Ahmed.

115. Which of the following countries ranked last in Global Peace Index(2012)?

A) Somalia B) Chad C) Sudan D) Congo

116. Which of the following countries will host 2016 Euro Cup Tournament?

A) Spain B) Netherlands C) Belgium D) Italy

117. Europe’s tallest skyscraper was inaugurated in 2012 in

A) London B) Rome C) Brussels D) Paris

118. John Frederik Stall, who passed away in 2012 was a famous

A) Indologist B) Chemist C) Economist D) Biologist

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119. Indian Coast Guard Ship ‘Sumudra Paharedar’ was commissioned in 2012 in

A) Hazira B) Cochi C) Mumbai D) Kolkata

120. S.A. Anand Committee submitted report in 2012 is related to

A) Mullaperiyar dam B) Poverty line review C) Neora valley D) Municipalities

121. Sherwood Rowland who died in 2012 was a renowned

A) Physicist B) Chemist C) Economist D) Biologist

122. Dada Saheb Phalke award(2011) was awarded to in 2012

A) Vidya Balan B) Soumitra Chatterjee C) A.R.Rahman D) Javed Akhtar

123. Who is the author of the book ‘Vertex of Conflict: US Policy towards Afghanistan, Pakistan and Irak’?

A) DAvid Maraniss B) James Franco C) Dan Cladwell D) None of these.

124. Who was the author of the book “India for sale: My 150 cartoons on corruption?

A) Kunal Basau B) R.N. Singla C) Sudhir Trailang D) R.K. Anand

125. Which language film won the best Feature Film Award in 59th National Film Award?

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A) Kannada B) Odiya C) Bengali D) Punjabi

126. In 2012 Atonis Samaras was sworn as Prime Minister in

A) France B) Greece C) Haiti D) Iceland

127. Which of the following cities will host 2016 Olympic Games?

A) Rio de Janerio B) Abu Dhabi C) Kualampur D) Buenos Aires

128. Which of the following cities had been selected to host G-20 Summit 2014?

A) Melbourne B) Perth C) Sydney D) Brisbane

129. Joyee Banda became the first President of the country

A) Malawi B) Zambia C) Costa Rica D) Chile

130. 14th Euro Cub Tournament(2012) was held in

A) Poland & Ukraine B) Germany & Poland C) GErmany & Spain D) None of these 131. The Organization of Islamic Cooperation Summit(2012) was held in A) Bagdad B) Mecca C) Cairo D) Dacca 132. Who wrote ‘Anna: 13 days that Awaken India? A) Arvind Kejriwal B) Asutosh C) Padma Desai D) None of these 133. Meles Zenawi, who died in 2012 was the Prime Minister of A) France B) Ethiopia C) Sudan D) Iceland

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134. The Non Aligned Movement(NAM) meeting 2012 was held in A) Tehran B) Havana D) Jakarta D) Kampala 135. Which of the following countries topped the medal tally in 2012 Olympic

Games? A) USA B) China C) Great Britain D) Russia 136. Abel Prize(2012) was awarded to A) Hans Fallada B) J.B.Narlikar C) Endre Szemeredi D) None of these. 137. Educational Development Index report released in 2012, the state and UTs

are led by A) Puducherry B) Lakshadwip C) Chennai D) Mizoram 138. Which of the following is related to Godrej Committee set up in 2012? A) Corporate Governance B) Oil price management C) Banking reforms D) None of these 139. The 2012 Global Peace Index is topped by A) Iceland B) Denmark C) Nez Zealand D) Candaa 142. The ‘IC’ Chips used in computers are made of A) Chromium B) Silicon C) Silica D) Iron oxide 150. SzSzent-Gyorgye was awarded Nobel Prize for isolating Vitamin C from

which of the following? A) Oranges B) Chillies C) Apple D) Amla 151. The substance most commonly used for food preservative is A) Acetic acid B) Oxalic acid C) Benzoic acid D) Lactic acid 152. Paracetamol

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A) relieves pain B) as an antibiotic C) is a sulpha drug D) causes stomach ulcer. 153. Which one is known as Stranger Gas? A) Argon B) Neon C) Nitrous oxide D) Xenon 154. The compound obtained by heating caustic soda solution with linseed oil

can be used as a A) soap B) fertilizer C) plastic D) fuel 155. Milk is the example of A) suspension B) emulsion C) gel D) foam 156. Chemically, cane sugar is A) Lactose B) Glucose C) Sucrose D) Starch 157. What is Ruby chemically known as? A) Aluminum oxide B) Lead oxide C) Boron nitride D) Silicon dioxide 158. The substance that is not polymeric in nature A) Starch B) Cellulose C) Glucose D) Nylon 159. The natural substance from which energy may be harnessed and is

essentially made up of one element A) Water(dam) B) Coal C) Air(wind mill) D) Petroleum 160. The element not present in fertilizer A) nitrogen B) phosphorus C) chlorine D) hydrogen 161. Gas evolving during fermentation is A) Carbon dioxide B) Nitrogen C) Sulfer dioxide D) All of these 162. In hospital Oxygen tube for respiration contain Oxygen and A) Argon B) Nitrogen C) Helium D) None of these

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163. For rural area which one may be the best alternative energy resource for cooking?

A) Biogas B) Electricity C) Wind mill D) None of these 164. Indigo is used in A) Air traffic B) Dyeing industry C) Perfumery industry D) Pharmaceutical industry 165. Gasoline is the name given to the same substance A) Petroleum B) Diesel C) Crude oil D) Natural gas 166. A medicinally useful compound obtained from the oil of pappermint is A) Menthol B) Thymol C) Morphine D) None of these

167. Emeralds are made up of

A) carbon B) beryllium C) silica d) None of these

168. The substance that is least prone to catch fire

A) Nylon B) Cotton C) Polyester D) Terycot

169. The first metal that was used by man

A) Copper B) Gold C) Silver D) Iron

170. Most malleable metal is

A) Copper B) Gold C) Silver D) Iron

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17) The Commission has found that the 119 questions in the GS-I

Paper are the replica of the questions found in the TATA McGraw-Hill

Series 2013. The contention that more than 60 per cent of the questions

in GS-I Paper are copy-pasted from one book does not render the

question paper as illegal. Any model question paper book will necessarily

cover the events of the Indian History, Indian Culture, Current Affairs,

etc. There is no copyright on the said questions by any publisher. The

syllabus prescribed clearly disclose the subjects of Modern History of

India, Indian culture, current events of national and international

importance, matters pertaining to statistical analysis, basic and everyday

science and Nagaland in all aspects. A student has been given sufficient

information as to what would be the subjects on which questions would

be asked. The candidates appearing in examinations are free to choose

any book for their study. When the syllabus is made clear about the

questions that may likely be asked on the subjects mentioned it cannot

be said that the candidate who has not followed the TATA McGraw-Hill

Series 2013 is put to a disadvantageous position is an untenable

contention.

18) As for the current affairs the learned counsel for the respondents

referred to the notification dated 26th September, 2011 that discloses the

subjects which are covered by the GS-I Paper, which reads as follows.

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“The subject/topics to be covered will be as follows: 1. General Science: General appreciation and understanding of science, including matters of every day observation and experience as may be expected of a well educated person who has not made a special study of any scientific discipline. 2. History: Broad general understanding of the subject in its social, economic, political aspects; social and cultural heritage of India, emphasizing unity in diversity. 3. Nagaland: Social, culture and heritage of its people. 4. Geography: Geography of India including the physical, social, economic, geography and on the main features of Indian agriculture and natural resources. 5. Indian Polity and Economy: Country’s political, Executive, Judicial System, Local Bodies, Rural and Community Development and Economic Planning in India. 6. Indian National Movement: Nature and character of the Nineteenth century resurgence, growth of nationalism and attainment of independence. 7. General Mental Ability Test: Analysis of classified data, logical and behavioural reasoning, analogies, basic arithmetic, numerical ability and basic concept of computers. 8. Current events: Latest development on all the fields detailed above including science and technology and environmental awareness”.

19) The current events and latest developments are very elusive

expressions to be given any precise definition. What should be the cut-off

date to determine whether it is the latest development or not is very

difficult to define. Any development that takes place in the range of one to

two years could be considered as current event and latest development.

In fact, the examinations were held in the year 2014. Usually the model

question paper book published in the current year would cover the events

of the previous year. So much so the books on the current events of the

year 2014 would be published in the next year’s publication i.e. 2015. As

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for the current events of 2014 normally there would be no publication of

model question paper book in the year 2014. It is difficult to define with

arithmetical precision as to what period could be considered as current

event. Necessarily a student should have good general knowledge. A

student cannot say that the questions should be asked only in respect of

the events that have happened between January 2014 till the question

paper setting in respect of the GS-I Paper and such a say would be a tall

order which a candidate cannot dictate.

20) Merely because about 15-20 questions pertain the events of the

year 2012 does not mean that they could be considered as out of syllabus

and cannot be considered as current events. In fact more than 50 per

cent of the questions asked pertain to the Indian national movement,

nineteenth century nationalism and Indian Culture. So also a good

number of questions have been asked with regard to the other subject

matters notified in the syllabus of the GS-I Paper. Therefore it was

untenable on the part of the Commission to have directed that the

answers to 119 questions of all the candidates need not be evaluated.

21) In course of argument it is submitted that the students were

permitted to take away the question paper along with them after the

main examination. It is inferable that the 19 candidates after coming out

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of the examination hall could have found out that the answers given by

them to the 119 questions are incorrect. Therefore they have adopted this

disingenuous strategy of attacking the question paper as being illegal.

The Commission, in tandem, agrees with the untenable contention and

directs that the answers to the 119 questions should not be evaluated

and full marks to be given to all the candidates. The decision of the

Commission is arbitrary and unfair. Merely because the majority of the

questions are from one model question book it is not a ground to hold

that the setting of question paper is illegal. In that view we hold that the

resolution of the Commission to award 119 marks equally to all the

candidates is arbitrary and illegal.

22) It is therefore directed that the Commission shall direct evaluation

of the answers of the GS-I Paper relating to the 119 questions and award

marks as per the norms viz. the correct answers be given full marks and

wrong answers be given negative marks. Accordingly the Commission

shall assess the performance of the candidates on the basis of the

answers they have given in the GS-I Paper and thereafter assess the

merit ranking of the candidates coupled with the marks obtained by

them in the viva voce and to publish the final selection list.

JUDGE CHIEF JUSTICE(ACTING)

na/

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