Supreme Court Orders Chandigarh to Make Room for Two Law Officer Candidates
Synopsis
Key Takeaways
New Delhi, March 18 (NationPress) The Supreme Court has mandated the Municipal Corporation of Chandigarh to create a supernumerary position for two individuals vying for the Law Officer role. This decision came after it was determined that both candidates provided defensible answers to a contentious constitutional law question during their recruitment examination.
A panel consisting of Justices Sanjay Karol and Prashant Kumar Mishra reviewed an appeal by Charan Preet Singh, who contested a ruling by the Punjab and Haryana High Court that favored his competitor, Amit Kumar Sharma, concerning the interpretation of a multiple-choice question on the test.
The dispute revolved around Question No.73, which inquired: “Which of the following Schedules of the Constitution is immune from judicial review on the grounds of violation of fundamental rights?”
While the examination board marked “Ninth Schedule” as the correct response, Sharma, who chose “None of the above,” faced negative marking, which adversely impacted his overall score.
The apex court noted that even the judges of the P&H High Court had differing opinions on the right answer, emphasizing that it was unreasonable to expect candidates to definitively resolve such a sophisticated constitutional matter.
“When the Judges of the High Court are in disagreement regarding the correct answer… it is unreasonable to expect mere law graduates competing for a Law Officer position in the Municipal Corporation to arrive at an accurate conclusion in response to the multiple-choice question,” stated the Justice Karol-led panel.
The court further clarified that both answers could be valid based on the level of legal reasoning applied.
“From a law graduate’s perspective, both answers may be correct, although Option ‘B’ (Ninth Schedule) seems more fitting given the language of the question. However, with a more profound examination, Option ‘D’ (None of the above) can also be deemed correct,” the Supreme Court remarked.
Taking a fair stance, the bench instructed that both candidates should be accommodated. It was also noted that the appellant, who had already been appointed and was serving in the position, would retain his seniority.