UPSC Prelims Practice Questions — Jharkhand HC quashes State move to cancel exam

Q1. A State government learns that the question paper of a recruitment examination was leaked before the test. Applying the doctrine of proportionality to its possible responses, consider the following statements: Which of the statements given above is/are correct?

1. Since protecting the integrity of examinations is a legitimate aim, any measure the State adopts to secure that aim would satisfy the proportionality test.
2. If an investigation can separate the candidates who benefited from the leak from the rest, cancelling the entire selection is likely to fail the necessity (least restrictive means) limb of the test.
3. If the leak is shown to be so pervasive that tainted and untainted candidates cannot be told apart, cancellation of the entire process may be upheld as proportionate.

• A. 2 and 3 only
• B. 1, 2 and 3
• C. 1 and 2 only
• D. 3 only

Q2. A High Court quashed a State government's decision cancelling a recruitment examination. It observed that the State had produced no concrete evidence of systematic irregularities, and that suspect candidates could be identified through investigation. On the same day as that cancellation, the State Cabinet had also cancelled several other examinations. Which of the following inferences can validly be drawn from the above?

1. The ruling by itself also sets aside the cancellation of the other examinations cancelled by the Cabinet on the same day.
2. The State remains free to proceed against individual candidates whom an investigation finds to have used unfair means.
3. The ruling establishes that no irregularity of any kind occurred in the examination whose cancellation was quashed.
4. Had the State shown that the irregularities were so widespread that tainted candidates could not be identified, the outcome could have been different.

• A. 1, 2 and 4 only
• B. 2, 3 and 4 only
• C. 1 and 3 only
• D. 2 and 4 only

Q3. With reference to Articles 14 and 16 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

1. The guarantee under Article 14 binds the State in its executive action and is not confined to discriminatory legislation.
2. The equality of opportunity under Article 16 extends to matters relating to employment under the State and is not confined to the initial act of appointment.
3. A State Legislature may by law prescribe prior residence within that State as a requirement for appointment to posts under the State Government.

• A. 2 and 3 only
• B. 1 and 2 only
• C. 1, 2 and 3
• D. 1 only

Q4. Consider the following statements: Which of the following is correct in respect of the above statements?

1. The writ jurisdiction of a High Court is wider in scope than the writ jurisdiction of the Supreme Court under Article 32.
2. Article 226 empowers a High Court to issue writs not only for the enforcement of fundamental rights but also for any other purpose.

• A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
• B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
• C. Statement-I is correct, but Statement-II is incorrect
• D. Statement-I is incorrect, but Statement-II is correct

Q5. With reference to the power of High Courts under Article 226 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

1. A High Court can issue writs to any person or authority, including in appropriate cases any Government, within the territories over which it exercises jurisdiction.
2. The power under Article 226 operates in derogation of the Supreme Court's power under Article 32(2), so the two cannot be exercised in relation to the same matter.
3. A High Court may issue a writ to an authority located outside its territories if the cause of action arises, wholly or in part, within those territories.

• A. 2 and 3 only
• B. 1, 2 and 3
• C. 1 and 3 only
• D. 1 only

Q6. With reference to recruitment to the services of a State under the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

1. Recruitment to State services may be regulated by an Act of the State Legislature and, until such an Act is made, by rules made by the Governor.
2. Rules made by the Governor for this purpose prevail over a later Act of the State Legislature on the same matter, to the extent of any inconsistency.
3. The State Public Service Commission must be consulted on the manner in which reservations for backward classes under Article 16(4) are made.

• A. 1 and 3 only
• B. 1 only
• C. 1 and 2 only
• D. 2 and 3 only

Q7. With reference to a State Public Service Commission (SPSC) and a State staff selection commission such as the JSSC, consider the following statements: Which of the statements given above is/are correct?

1. An SPSC for each State flows from Article 315, whereas a State staff selection commission is not a body established by the Constitution itself.
2. Two or more States may share a single Public Service Commission, but such a Joint Commission can be created only by a law of Parliament made after their Legislatures pass resolutions.
3. The protection against removal provided in Article 317 extends to members of an SPSC but not to members of a State staff selection commission.

• A. 1 and 2 only
• B. 1 only
• C. 2 and 3 only
• D. 1, 2 and 3

Q8. A State government cancels the appointments of everyone selected through a recruitment examination, including candidates against whom there is no material showing wrongdoing. To whom among the affected selected candidates is the guarantee of equality of opportunity in public employment under Article 16 available?

• A. Every person selected in the process, including a non-citizen
• B. Selected candidates already confirmed in permanent service
• C. Every citizen selected in the process, whether or not confirmed
• D. Selected candidates belonging to backward classes, as a group