CHANDIGARH: The Central Administrative Tribunal (CAT)on Monday fixed November 7 for arguments on a petition filed by Bikarmjit Inder Singh Chahal against Union Public Service Commission (UPSC) for giving him different marks in marks sheet and answer sheets in the Civil Services (main) examination held in March 2005.

The case was heard by the Chandigarh bench of CAT comprising Justice L.M. Goyal Vice Chairman and Justice Jasbir Singh Dhaliwal member of the tribunal.

Bikarmjit Inder Singh Chahal son of B.I.S Chahal, media advisor to Chief Minister of Punjab has pleaded that marks in the answer books were higher than marks sheet supplied to him. He has alleged that UPSC Chairman Gurbachan Jagat was biased against him.

The respondents Union of India and UPSC Chairman today filed replies to petition in an affidavit submitted by R.N. Juneja, an under secretary in UPSC. UPSC had earlier submitted original answer books of Bikarmajit Inder Singh Chahal in a sealed cover.

Senior Advocate Rajiv Atma Ram and J.S. Sidhu who appeared before the bench on behalf of applicant had pleaded to issue directions to the UPSC not to destroy the answer books of other candidates who had appeared in Civil Service (main) examination in 2005. He cited the provision of destroying the answer sheets after one year of examination in UPSC rules. His contention was that preserving other answer sheets was necessary to verify the standard of moderation of marks adopted by UPSC.

The bench said that there was no need to pass an order since it is accepted practice that once the case is subjudice, the documents related to it are kept intact. Justice L.M.Goyal also said that respondents counsel present in the court would ensure that answer sheets of other candidates may not be destroyed.

Satya Pal Jain, former BJP MP, the counsel for UPSC told the court that UPSC had conducted moderation of all answer sheets as per the provisions of rules of commission. He said that difference of marks was due to moderation of marks of all candidates. He gave verbal acceptance to court’s advice for not destroying the answer books.

UPSC under secretary in his affidavit has held that head examiner could suggest upward or downward  mderation of marks. The quantum of oderation varies wth how ‘liberal’ or ‘strict’ the examiner in
marking. The affidavit read, “In the case of answer books revalued by head examiner, his awards are accepted as final. As regards the other  answer Books, to achieve maximum measures of uniformity inter se the examiners, the marks awarded by additional examiners are appropriately moderated by the Head Examiner”.

Petitioners’ counsel in his rejoinder said that reply filed by Juneja was totally vague and a cover up. He said that his client had made allegations of personal malafide and bias against UPSC Chairman and these were not denied and therefore deemed to have been admitted.

The petitioner had submitted that UPSC Chairman Gurbachan Jagat had personal grudge against his father B.I.S Chahal who was at one time Joint Director (press) attached with the then Punjab DGP K.P.S.Gill and enjoyed his confidence. Gurbachan Jagat had approached his father for good posting in Punjab police. Gurbachan Jagat had the grudge that B.I.S Chahal had persuaded Gill not to give good posting to Him, petition said.

Petitioner’s counsel in his rejoinder also prayed to Tribunal to examine the record of the UPSC pertaining to the main examination of Civil Services Recruitment conducted in October in October-November 2005 in order to satisfy the judicial conscious. He said that UPSC has not submitted in its affidavit that moderation was resorted to in the matter of applicant.