Shaher yar 25 August 2021

Negative marking

State PSC issued notification inviting applications for prosecuting officers . The recruitment notification contained a provision for negative marking.
The question paper had nothing mentioned in the instructions regarding negative marking. A psc official visited few exam centres and informed the aspirants that there is no negative marking. Naturally students there attempted all the questions.
However, many students who were under the impression that there is negative marking as mentioned in the notification did not attempt all the MCQ
So my query is :
Is there any judgement of sc on this issue ?
Can verbal communication by psc official act as estoppel against psc ?
If there is difference between recruitment notification provision and instructions provided in question paper , what will prevail ?
Thanks in advance

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4 Replies

Dr J C Vashista (Advocate) 26 August 2021

PSC has already notified qua negative marking then there is no question of further clarification on the spot and/or question paper.

Oral declaration of invigilator has no estoppel

Notified instructions shall prevail

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Shaher yar 26 August 2021

Sir verbal communication did not come from invigilator .. It was controller psc who had gone for inspection on behalf of psc

P. Venu (Advocate) 26 August 2021

First of all ascertain the facts. The affected person join together and approach the High Court in a Writ Petition. The PSC official could be arrayed as a private respondent.

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Shaher yar 26 August 2021

Originally posted by : P. Venu

The conditions in the Notifications have their legally binding. However, are you sure that it was the PSC official himself who had visited the exam centres and conveyed the assurance? If so, the incident is really intriguing.

First of all ascertain the facts. The affected person join together and approach the High Court in a Writ Petition. The PSC official could be arrayed as a private respondent.