As per case facts, petitioners, working as Accountants, appeared for the Subordinate Accounts Service Examination, Part 2. The official syllabus did not include 'Cost Accountancy', but questions from it were ...
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CGHC010147862025 2026:CGHC:32309
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Order reserved on 22-07-2026
Final Order delivered on 28 -07-2026
Final Order uploaded on 28 -07-2026
WPS No. 2904 of 2025
1 - C.L. Sandilya S/o Hariram Sandilya Aged About 56 Years Posted As
Assistant Grade -Iii Water Resources Division Baikunthpur District -
Korea Chhattisgarh
--- Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary Department Of
Finance Mantralaya Mahanadi Bhawan Atal Nagar Nava Raipur District
- Raipur Chhattisgarh
2 - Director Directorate And Pension Indrawati Bhawan Block A First
Floor Atal Nagar Nava Raipur District - Raipur Chhattisgarh
3 - Under Secretary Department Of Finance Mantralaya Mahandi
Bhawan Atal Nagar Nava Raipur District - Raipur Chhattisgarh
4 - Accountant General (A And E) Chhattisgarh Balodabazar Road Zero
Point Raipur District - Raipur Chhattisgarh
5 - Shri Bhojendra Bhoyar Assistant Accountants Officer Directorate Of
Treasury Account And Pension (Audit) Indrawati Bhawan Block A First
Floor Atal Nagar Nava Raipur District - Raipur Chhattisgarh
--- Respondents
WPS No. 2925 of 2025
1 - Amar Singh Bisen S/o Late Shri Ramprasad Singh Bisen Aged
About 59 Years R/o Ward No. 1, Amapara, Rajim, Tehsil Rajim, District
Gariyaband, Chhattisgarh
---Petitioner
2
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Finance, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur,
District Raipur, Chhattisgarh
2 - Director Directorate Of Treasury, Accounts And Pension, Indrawati
Bhawan, Block A, First Floor, Atal Nagar, Nava Raipur, District Raipur,
Chhattisgarh
3 - Under Secretary Department Of Finance, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
4 - Accountant General (A And E) Chhattisgarh Baloda Bazar Road,
Zero Point, Raipur, District Raipur, Chhattisgarh
5 - Shri Bhojendra Bhoyar Assistant Accountants Officer, Directorate Of
Treasury, Accounts And Pension (Audit), Indrawati Bhawan, Block A,
First Floor, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
--- Respondents
WPS No. 8447 of 2025
1 - Dinesh Kumar Singh S/o Late Shri Shridhar Singh Aged About 60
Years R/o Awantika Colony, Quarter No. F-01 Jagdalpur District -
Bastar, Chhattisgarh
---Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Finance Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur
District - Raipur (C.G.)
2 - Director Directorate Of Treasury Accounts And Pension, Indrawati
Bhawan Block A First Floor, Atal Nagar, Nava Raipur District - Raipur
(C.G.)
3 - Under Secretary Department Of Finance, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nava Raipur District - Raipur (C.G.)
3
4 - Account General (A And E) Chhattisgarh Baloda Bazar Road, Zero
Point, Raipur District - Raipur (C.G.)
5 - Shri Bhojendra Bhoyar, Assistant Accountants Officer Directorate Of
Treasury Accounts And Pension (Audit) Indrawati Bhawan, Block A First
Floor Atal Nagar Nava Raipur District - Raipur (C.G.)
--- Respondents
WPS No. 2906 of 2025
1 - Jagannath Prasad Sao S/o Shri Bhagwat Prasad Sao Aged About 53
Years R/o G-3, Board Office Campus, Pensionbada, Raipur, District
Raipur, Chhattisgarh
---Petitioner
Versus
1 - State Of Chhattisgarh Department Of Finance, Mantralaya,
Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur,
Chhattisgarh
2 - Director Directorate Of Treasury, Accounts And Pension, Indrawati
Bhawan, Block A, First Floor, Atal Nagar, Nava Raipur, District Raipur,
Chhattisgarh
3 - Under Secretary Department Of Finance, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
4 - Accountant General (A And E) Chhattisgarh Baloda Bazar Road,
Zero Point, Raipur, District Raipur, Chhattisgarh
5 - Shri Bhojendra Bhoyar Assistant Accountants Officer, Directorate Of
Treasury, Accounts And Pension (Audit), Indrawati Bhawan, Block A,
First Floor, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
--- Respondents
WPS No. 2908 of 2025
1 - Suresh Kumar Dwivedi S/o Shri Tulsi Ram Dwivedi Aged About 50
Years Posted As Sub-Inspector (A), Police Headquarter, Department Of
Home, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh
---Petitioner
4
Versus
1 - State Of Chhattisgarh Directorate Of Treasury, Accounts And
Pension, Indrawati Bhawan, Block A, First Floor, Atal Nagar, Nava
Raipur, District Raipur, Chhattisgarh
2 - Director Directorate Of Treasury, Accounts And Pension, Indrawati
Bhawan, Block A, First Floor, Atal Nagar, Nava Raipur, District Raipur,
Chhattisgarh
3 - Under Secretary Department Of Finance, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
4 - Accountant General (A And E) Chhattisgarh Baloda Bazar Road,
Zero Point, Raipur, District Raipur, Chhattisgarh
5 - Shri Bhojendra Bhoyar Assistant Accountants Officer, Directorate Of
Treasury, Accounts And Pension (Audit), Indrawati Bhawan, Block A,
First Floor, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
--- Respondents
WPS No. 2914 of 2025
1 - Puran Lal Tati S/o Shri M.R. Tati Aged About 43 Years Posted As
Assistant Grade I, District -Treasury Sukma Sukma District - Sukma
Chhattisgarh
---Petitioner
Versus
1 - State Of Chhattisgarh Directorate Of Treasury Account And Pension
Indrawati Bhawan Block A First Floor Atal Nagar Nava Raipur District -
Raipur Chhattisgarh
2 - Director Directorate Of Treasury Account And Pension Indrawati
Bhawan Block A First Floor Atal Nagar Nava Raipur District - Raipur
Chhattisgarh
3 - Under Secretary Department Of Finance Mantralaya Mahanadi
Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.)
5
4 - Accountant General (A And E) Chhattisgarh Balodabazar Road Zero
Point Raipur District - Raipur (C.G.)
5 - Shri Bhojendra Bhoyar Accountants Officer Directorate Of Treasury
Accounts And Pension (Audit ) Indrawati Bhawan Block A First Floor
Atal Nagar Nava Raipur District - Raipur (C.G.)
--- Respondents
WPS No. 2930 of 2025
1 - Ku. Kalyani Vijay Laxmi Banjare D/o Shri Taplal Banjare Aged About
42 Years Assistant Grade I, Directorate Of Treasury And Accounts, A
Block, 1st Floor, Naya Raipur, Atal Nagar, District- Raipur, Chhattisgarh.
---Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Finance, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur,
District- Raipur, Chhattisgarh.
2 - Director Directorate Of Treasury, Accounts And Pension, Indrawati
Bhawan, Block A, First Floor, Atal Nagar, Nava Raipur, District- Raipur,
Chhattisgarh.
3 - Under Secretary Department Of Finance, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh.
4 - Accountant General (A And E) Chhattisgarh Baloda Bazar Road,
Zero Point, Raipur, District- Raipur, Chhattigarh.
5 - Shri Bhojendra Bhoyar Assistant Accountants Officer, Directorate Of
Treasury, Accounts And Pension (Audit), Indrawati Bhawan, Block A,
First Floor, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh.
--- Respondents
WPS No. 2944 of 2025
1 - Jai Singh Sandilya S/o Shri Hariram Sandilya Aged About 53 Years
Posted As Assistant Account Officer, District Transport Office Balrampur,
Balrampur, District Balrampur- Ramanujganj, Chhattisgarh
---Petitioner
6
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Finance, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur,
District Raipur, Chhattisgarh
2 - Director Directorate Of Treasury, Accounts And Pension, Indrawati
Bhawan, Block A, First Floor, Atal Nagar, Nava Raipur, District Raipur,
Chhattisgarh
3 - Under Secretary Department Of Finance, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
4 - Accountant General (A And E) Chhattisgarh Baloda Bazar Road,
Zero Point, Raipur, District Raipur, Chhattisgarh
5 - Shri Bhojendra Bhoyar Assistant Accountants Officer, Directorate Of
Treasury, Accounts And Pension (Audit), Indrawati Bhawan, Block A,
First Floor, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh
--- Respondents
WPS No. 2952 of 2025
1 - Naresh Ram S/o Late Shri Mohar Sai Aged About 47 Years Posted
As Assistant Grade I, District Treasury Office Surajpur, District- Surajpur,
Chhattisgarh.
---Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Finance, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur,
District- Raipur, Chhattisgarh.
2 - Director Directorate Of Treasury, Accounts And Pension, Indrawati
Bhawan, Block A, First Floor, Atal Nagar, Nava Raipur, District- Raipur,
Chhattisgarh.
3 - Under Secretary Department Of Finance, Mantralaya, Mahanadi
Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh.
7
4 - Accountant General (A And E) Chhattisgarh Baloda Bazar Road,
Zero Point, Raipur, District- Raipur, Chhattisgarh.
5 - Shri Bhojendra Bhoyar Assistant Accountants Officer, Directorate Of
Treasury, Accounts And Pension (Audit), Indrawati Bhawan, Block A,
First Floor, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh.
….Respondents
For Petitioners :Mr. Amrito Das, Senior Advocate
assisted by Mr. Abhyuday Singh,
Advocate.
For State :Mr. Suyashdhar Badgaiyan, G.A.
For Respondent No.4 :Mr. R.K. Gupta, Advocate
For Respondent No.5 :Mr. Sushil Dubey, Advocate
Hon'ble Shri Bibhu Datta Guru , J
CAV Order
1.Since all the petitions assail the common order and involve
interconnected issues, they were heard and being disposed of by
this common order. For the sake of convenience, the pleadings
and the documents placed in WPS No.2904/2025 are being
referred.
2.By these petitions, the petitioners have prayed for following reliefs:
“10.1 That, this Hon'ble Court may kindly be
pleased to call for the entire record pertaining to
the issuance of the order dated 22.11.2024
(ANNEXURE P-1) for its kind perusal.
10.2 That, this Hon'ble Court may kindly be
pleased to pass an appropriate writ / order
quashing and setting aside the order dated
22.11.2024 (ANNEXURE P-1).
10.3 That, this Hon'ble Court may kindly be
pleased to pass an appropriate writ / order
quashing and setting aside the result dated
20.12.2017 (ΑΝΝΕXURE P-2)
10.4 That, this Hon'ble Court may kindly be
pleased to pass an appropriate writ / order
directing the respondents to issue a revised
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final result for the Subordinate Accounts
Service (Departmental) Examination Part II held
between 08.08.2017 to 14.08.2017 after
awarding the petitioner pro rata marks for the
questions in Paper V which were outside the
notified syllabus and for questions which were
incorrect.
10.5 Any other relief, which this Hon'ble Court,
may deem fit and proper, in the facts and
circumstances of the case.”
3.(i) Facts of the case, as projected in the petitions, are that the
petitioners are working as Accountants in the respondent
Department and have been serving the department since their
appointment. Having successfully cleared the Subordinate
Accounts Service (Departmental) Examination, Part I, they
became eligible to appear in Part II, which is essential for
promotion and career progression in the parent department. The
Directorate of Treasury, Accounts and Pension issued an
advertisement dated 27.04.2017 inviting applications for the
Subordinate Chhattisgarh Accounts Service (Departmental)
Examination, Part II, scheduled from 08.08.2017 to 14.08.2017.
For Paper-V, the prescribed syllabus was Company Accounts and
Store Control (Graduation Level). The petitioner prepared for the
examination strictly in accordance with the notified syllabus.
However, when Paper V was conducted, some questions were
came allegedly outside the prescribed syllabus, i.e. questions
relating to Cost Accountancy, a subject not included in the notified
syllabus. It is further alleged that certain questions contained
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incorrect figures. Despite objections raised by the petitioner, the
respondents declared the examination result on 20.12.2017
without considering the grievances. After obtaining his evaluated
answer script under the RTI Act, the petitioner submitted a
representation seeking revision of the result by deleting the
incorrect and out-of-syllabus questions and awarding appropriate
marks.
(ii) Aggrieved by the arbitrary conduct of the examination, the
petitioners filed W.P.(S) No. 6902 of 2018 and other connected
matters before this Court. During the proceedings, the Court
directed constitution of an expert committee to examine the
allegations regarding Paper V. The committee found that Question
No. 2(a) was partially incorrect, thereby acknowledging defects in
the question paper. Pursuant to the directions of this Court, the
petitioner submitted detailed objections on 11.11.2024. However,
the respondents rejected the objections by order dated
22.11.2024 through a cryptic order without properly addressing
the petitioner's contentions regarding the out-of-syllabus and
incorrect questions. The respondents sought to justify the
inclusion of Cost Accountancy by relying on the graduation
syllabus of Pandit Ravishankar Shukla University and contending
that its omission from the notified syllabus was merely a
typographical error. The petitioner contends that such justification
is untenable, as the examination had to be conducted strictly
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according to the syllabus published in the advertisement. The
respondents also relied upon the admit card, which allegedly
referred to Cost Accountancy. The petitioner submits that this
reliance is misplaced because many candidates did not receive
admit cards in time, compelling the Directorate to issue a public
notice permitting candidates to collect admit cards at the
examination centre by producing passport-size photographs
shortly before the examination. Thus, the petitioners had
legitimately prepared only on the basis of the officially notified
syllabus.
4.(a) Learned counsel for the petitioners would submit that the
respondents acted arbitrarily by setting questions in Paper V from
Cost Accountancy, despite the notified syllabus containing no
such subject. The syllabus, published along with the
advertisement and uploaded on the official website, did not
include Cost Accountancy, yet the question paper itself bore the
heading "Cost Accountancy" and all seven questions were framed
from that subject. Candidates were required to answer five out of
the seven questions, thereby compelling them to attempt
questions entirely outside the prescribed syllabus, which vitiated
the fairness of the selection process. Learned counsel submits
that Question No. 6(a) suffered from a material error, as the figure
of Rs.25 was wrongly printed instead of Rs. 2500, a fact
established through the copy of the original question paper
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obtained under the RTI Act. Such an error rendered the question
incongruous and seriously prejudiced the candidates.
(b)According to the petitioners, several questions were drawn
from Advanced Accountancy and Advanced Cost Accountancy,
subjects forming part of the M.Com. syllabus and not the notified
syllabus for the present examination. The respondents'
subsequent plea that omission of Cost Accountancy from the
syllabus was merely a typographical error is wholly untenable, as
candidates cannot be made to suffer for the authorities' own
negligence. No material has been placed on record to show that
responsibility for such a serious lapse was ever fixed or that any
corrective action was taken. Learned counsel further submits that
the respondents' reliance on the admit card, which incidentally
mentioned Cost Accountancy in the timetable, is equally
misconceived. The notified syllabus alone governs the scope of
the examination, and candidates were entitled to prepare
accordingly. Likewise, the rejection of the petitioners' objections
on the ground that candidates ought to have answered the
questions despite typographical errors reflects a casual and
arbitrary approach.
(c)Learned counsel further submits that the petitioner did not
receive the admit card prior to the scheduled examination. The
Directorate issued an undated public notice stating that
candidates who had not received their admit cards would be
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provided the same at the respective examination centres one hour
before the commencement of the examination. The issuance of
such a public notice itself indicates that the respondent authorities
were conscious of the fact that, owing to the belated issuance of
the admit cards shortly before the scheduled date of examination,
several candidates might not have received them in time. Such
lapses strike at the very fairness, transparency, and legality of the
selection process and cannot be sustained in law.
5.(I)Per contra, learned counsels for the respondents would
submit that the Subordinate Accounts Service (Departmental)
Examination is conducted by the Finance Department for
employees of the accounts cadre, and qualifying the examination
is necessary for promotion. Pursuant to the advertisement dated
27.04.2017, the petitioners appeared in the examination and
subsequently challenged the evaluation. Learned counsel further
submits that in the earlier round of litigations by a common order
dated 10.09.2024, this Court directed the respondent authorities
to decide the petitioners' objections after granting them a personal
hearing. In compliance with the directions of this Court, expert
committee was constituted to examine the grievances. After
considering the petitioners' written submissions and granting them
a personal hearing, the committee concluded that the questions in
Paper V were based on the B.Com. Second Year syllabus
prescribed by Pandit Ravishankar Shukla University and were
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within the required standard. Learned counsel further submits that
the committee further found that omission of the words "Cost
Accounts" from the advertisement dated 27.04.2017 was merely a
clerical error. The complete title of Paper V, including "Cost
Accounts", was correctly reflected in the admit cards issued prior
to the examination, thereby informing all candidates of the
subjects covered.
(II)Learned counsels submit that the Subordinate Accounts
Service (Departmental) Examination is conducted by the Finance
Department for promotion of employees in the accounts cadre.
Pursuant to the advertisement dated 27.04.2017, the petitioners
appeared in the examination and subsequently challenged the
evaluation. By order dated 10.09.2024, this Court directed the
respondents to consider their objections after granting a personal
hearing. In compliance, an expert committee considered the
petitioners' written submissions and personal hearing and found
that the questions in Paper V were based on the B.Com. II Year
syllabus prescribed by Pandit Ravishankar Shukla University. The
committee further held that omission of the words "Cost Accounts"
from the advertisement was only a clerical error, as the complete
title of Paper V was correctly mentioned in the roll numbers and
examination timetable issued before the examination.
(III)By placing reliance upon the decision rendered by the
14
Supreme Court in the matter of Employees State Insurance
Corporation v. Union of India and Others (2022) 11 SCC 392,
learned counsel for the State would submit that in the event of a
conflict between the statement in an advertisement and the
service regulations, the latter shall prevail. Thus, the incorporation
of Cost Accountancy subject is just and proper and there is no
illegality at all. Accordingly, the examination was conducted fairly
and the petitioners' objections were rightly rejected.
6.I have heard learned counsel for the parties, perused the
pleadings and documents.
7.The undisputed facts are that the petitioners participated in the
Chattisgarh Subordinate Accounts Services (Departmental)
Examination Part II conducted between 08/08/2017 to
14/08/2017. In the said examination, the syllabus was uploaded
on the official website of the Department. It is an undisputed fact
that the published syllabus did not include the subject Cost
Accountancy. However, the said subject was introduced for the
first time in the admit cards issued to the candidates. It is also
borne out from the record that some of the petitioners received
their admit cards only a few days before the commencement of
the examination, while others received them at the examination
center merely few hours before the examination. Consequently,
the petitioners had no prior notice or reasonable opportunity to
prepare for the newly introduced subject of Cost Accountancy.
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Nevertheless, they appeared in the examination and, owing to the
inclusion of the said subject without adequate prior notification,
they were unable to secure the qualifying marks and consequently
failed to clear the examination.
8.By raising their grievances, earlier, the petitioners approached this
Court by filing WPS No.6902/2018 and connected matters,
wherein this Court directed the respondents authorities to
constitute a Committee and looking to the grievances of the
petitioners. Subsequently, on receipt of the report of the
Committee, this Court disposed of the writ petition and remanded
back the matter to the authority to consider and decide the
objection raised by the petitioner after affording due opportunity of
personal hearing to them. Thereafter, the petitioner raised
objection before the authorities who vide order dated 22/11/2024
rejected the objections raised by the petitioners without due
appreciation of the material placed by the petitioners.
9.It is an admitted fact that the subject Cost Accountancy was never
notified by the respondent authorities as part of the prescribed
syllabus. The said subject was introduced for the first time only at
the stage of issuance of the admit cards. If the omission of the
subject from the published syllabus was on account of a
typographical or clerical error on the part of the respondent
authorities, it was incumbent upon them to rectify the mistake by
granting the petitioners adequate notice and sufficient time to
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prepare for the newly introduced subject, rather than merely
mentioning it in the admit cards issued immediately prior to the
examination.
10.It is also evident from the material available on record that the
objections raised by the petitioners with regard to alleged
incorrect questions, the same have also been rejected in a cryptic
manner, that too, without assigning sufficient and cogent reasons.
11.It is a settled principle of law that the rules of the game cannot be
changed after the game has begun. Equally well settled is the
principle that where an earlier notification prescribing the syllabus
is superseded or modified by a subsequent notification issued
before the commencement of the examination, the later
notification alone governs the selection process and prevails over
the earlier one. Therefore, if the authorities intended to alter or
correct the syllabus, they were required to do so by issuing a
proper corrigendum or a fresh notification sufficiently in advance
of the examination so as to afford the candidates a reasonable
opportunity to prepare.
12.In the present case, once the respondent authorities had
published the syllabus and invited eligible candidates to
participate in the examination on that basis, it was not open to
them to introduce an altogether new subject, namely, Cost
Accountancy, merely through the admit cards issued immediately
17
prior to the examination. Even assuming that the omission of the
said subject from the earlier published syllabus was attributable to
a clerical or typographical error, the respondents were duty-bound
to rectify the same by issuing an appropriate corrigendum or a
fresh notification and by granting adequate time to the candidates
to prepare for the newly introduced subject. In the absence of
such a valid re-notification, the respondents could not alter the
basis of selection at the eleventh hour through the admit cards.
Such a course is contrary to the settled doctrine that the rules of
the game cannot be changed after the game has commenced.
13.With regard to the reliance placed by the learned counsel for the
State upon the decision rendered by the Supreme Court in the
matter of Employees' State Insurance Corporation (Supra)
wherein it has been observed that, in respect of service
jurisprudence, in the event of a conflict between the statement in
an advertisement and the service regulations, the latter shall
prevail, there is no doubt in this regard. However, in the case at
hand, at the last few days, that too through the admit cards, the
respondent authorities incorporated the new subject of Cost
Accountancy. Even some of the candidates got the admit cards at
the examination center just a few hours before the examination. If
the respondents intended to incorporate the subject of Cost
Accountancy, they were always at liberty to do the same.
However, prior thereto, they ought to have provided some time to
18
the candidates by extending the date of the examination, but the
same has not been done.
14.Having considered the entire facts and circumstances of the case
in their proper perspective, this Court is of the considered view
that the respondent authorities failed to publish the subject Cost
Accountancy in the prescribed syllabus within a reasonable time.
The said subject was notified only through the admit cards issued
to the candidates, which cannot be regarded as due or adequate
prior notification.
15.Accordingly, all the writ petitions are allowed. The order dated
22.11.2024 (Annexure P-1), as well as the result published on
20.12.2017 (Annexure P-2), are hereby quashed. However, the
respondent authorities shall be at liberty to conduct the
Chhattisgarh Subordinate Accounts Services (Departmental)
Examination, Part II, afresh after duly notifying the complete
syllabus in accordance with the applicable Rules and Regulations.
The revised syllabus shall be communicated to all eligible
candidates well in advance of the examination so as to afford
them adequate opportunity for preparation.
16.There shall be no order as to cost(s). SD/-
(Bibhu Datta Guru)
Judge
Gowri/ Amardeep
In a significant ruling, the Chhattisgarh High Court at Bilaspur has quashed the results of the Chhattisgarh Accounts Service Examination, Part II, and an order rejecting candidates' objections. This judgment, pertaining to the Syllabus Change Litigation, underscores the critical principle that examination rules cannot be altered once the process has commenced, ensuring fairness and transparency in public service recruitment. This pivotal decision, among others, is now available on CaseOn, offering legal professionals and students comprehensive insights into the intricacies of administrative law and examination fairness.
The central issue before the Chhattisgarh High Court was whether the respondent authorities acted arbitrarily and illegally by introducing a new subject, "Cost Accountancy," into the syllabus of the Subordinate Accounts Service (Departmental) Examination, Part II, solely through admit cards issued immediately prior to the examination, despite its omission from the officially notified syllabus. Additionally, the Court examined whether the rejection of candidates' objections regarding out-of-syllabus and incorrect questions without proper reasoning was justified.
The Court relied on several established legal principles concerning the conduct of examinations and administrative fairness:
The petitioners, who were Accountants aspiring for promotion, appeared for the Subordinate Chhattisgarh Accounts Service (Departmental) Examination, Part II. The official advertisement and website clearly listed "Company Accounts and Store Control (Graduation Level)" as the syllabus for Paper-V. Crucially, "Cost Accountancy" was not mentioned.
However, the admit cards, issued just days—and for some, mere hours—before the examination, suddenly included "Cost Accountancy" in the Paper-V description. The actual question paper for Paper-V shockingly bore the heading "Cost Accountancy," with all seven questions derived from this previously unnotified subject. Candidates were forced to attempt five of these questions, effectively making them answer material entirely outside the advertised syllabus. Furthermore, one question was identified as having a material error.
The petitioners had previously approached the Court, which directed the respondents to form an expert committee and grant personal hearings for their objections. While the committee acknowledged that the questions were based on the B.Com. Second Year syllabus of Pandit Ravishankar Shukla University and deemed the omission of "Cost Accounts" from the advertisement a "clerical error," the High Court found this justification insufficient.
The Court emphasized that even if it were a clerical error, the authorities had a duty to rectify it through a proper corrigendum or fresh notification, providing adequate time for candidates to prepare. Introducing a new, mandatory subject at the eleventh hour via admit cards, which many candidates received late, was deemed a clear violation of the "rules of the game" principle. The Court also noted the cryptic rejection of petitioners' objections, lacking cogent reasons.
The respondents' reliance on the Supreme Court's decision in Employees State Insurance Corporation v. Union of India and Others was distinguished. The High Court clarified that while service regulations may override an advertisement, this case concerned a last-minute introduction of a new subject rather than a conflict between an advertisement and existing service regulations. The Court highlighted that even if the intent was to include Cost Accountancy, sufficient notice and opportunity for preparation, potentially by extending the examination date, should have been provided.
For legal professionals seeking deeper insights into these nuanced arguments and specific court observations, CaseOn.in's 2-minute audio briefs offer an invaluable resource, allowing for quick and comprehensive analysis of these and similar rulings, ensuring you stay updated without sifting through lengthy documents.
The Chhattisgarh High Court at Bilaspur, after careful consideration, allowed all writ petitions. It quashed the order dated 22.11.2024 (which had rejected the petitioners' objections) and the examination result published on 20.12.2017. The Court granted liberty to the respondent authorities to conduct the Subordinate Chhattisgarh Accounts Services (Departmental) Examination, Part II, afresh. This fresh examination must be preceded by a clear and complete notification of the revised syllabus, in accordance with applicable rules and regulations, and communicated well in advance to afford all eligible candidates sufficient time and opportunity for preparation.
This judgment serves as a critical precedent in administrative law and public service litigation, particularly for cases involving examination fairness and syllabus changes. For lawyers, it reinforces the principle against arbitrary actions by public authorities and the importance of due process in competitive examinations. It provides clear guidelines on the notification requirements for syllabus alterations and the implications of failing to adhere to them. For students of law, especially those focusing on constitutional law, administrative law, and service jurisprudence, this case illustrates the application of fundamental rights like equality and the right to fair treatment in the context of state-conducted examinations. It highlights the judiciary's role in safeguarding candidates from the negligence or oversight of examining bodies and ensuring a level playing field.
All information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers are advised to consult with a qualified legal professional for advice pertaining to their specific circumstances.
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