Irregularities in the Patent Examiner Recruitment Exams? DHC to Decide on the Allegations

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On June 16, the much awaited results of the three phrased exams for the recruitment of Patent Examiners were declared by the National Testing Agency (NTA). Originally meant to recruit 553 Examiners, as per the results, the NTA has “provisionally” recruited 550 Examiners who will then be subjected to another round of verification by the Controlling Authority. In a trifecta of controversies for both the NTA and the Patent Examiner recruitment process, we have now learnt that a writ petition (WP(C) 6743/2024) has been filed alleging irregularities in the main exams.

The Trifecta of Controversies 

On the heels of similar allegations of irregularities in the 2024 National Eligibility-cum-Entrance Test (NEET) and the June 2024 cycle of the University Grants Commission- National Eligibility Test (UGC-NET), with these allegations concerning recruitment of Group A officers, the NTA finds itself in deeper water. Speaking specifically about the Patent Examiner recruitment process, our readers will recall that the recruitment process has been a bumpy ride and was marred by controversy right from the get-go. First, the organizing body was suddenly changed from the Quality Council of India to the NTA overnight, after the preliminary exams (see here and here). Then, it was alleged that the exams were rescheduled for a handful of participants owing to confusion surrounding admit cards. Subsequently, a separate writ petition was filed by some of the candidates seeking permission to file a detailed representation before the NTA (Please note that the High Court order dated March 13, does not state what are the grievances of the petitioner and I wasn’t able to find any order or document stating what finally happened with this representation. Did the NTA pay heed to it? Or dismissed it completely? In case any reader would know, please feel free to drop a comment below.)  

On the Locus to Challenge the Recruitment Process

Coming to the present writ petition, as explained in the order dt. May 10, the petitioners sought time to file additional documents and affidavits to substantiate the allegations of irregularities. The Court observed that some of the petitioners had filed the petition after being unsuccessful in the main exams (conducted in January and February) and no documents were placed on the record to show any irregularity. The Court also cited the Supreme Court’s decision in Ashok Kumar v. State of Bihar, to observe that unsuccessful candidates cannot be heard to challenge the process of examination subsequently. Noting the odds to be against the petitioner, the Court still granted an opportunity to place on the record better documents and additional affidavits. The matter was listed for July 15, 2024, however, as per the June 12 order the petitioners have requested for an early hearing. The Court issued notice to the NTA, posting the matter today before the vacation bench.

The Court’s direction granting an opportunity to place additional documents on record must be appreciated, considering the wider public interest involved in the matter. Although, I think that some of the observations in the short order, especially the one stating the odds to be stacked up against the petitioners, seem a bit hasty. First, the Court itself observed that only some of the petitioners were found to be unsuccessful. Therefore, even if we apply the Court’s subsequent logic stating unsuccessful candidates cannot challenge the recruitment process once they have partaken in it, there would still be some petitioners who would not have participated or have been successful in the exam. Secondly, the Court’s interpretation of the Ashok Kumar case seems a bit generalized. In that case, the Supreme Court had estopped unsuccessful candidates from challenging the recruitment process after taking part and subsequently failing it. However, the Court’s finding cannot be cited against a challenge alleging irregularities in the recruitment process. Importantly, the High Court seems to have overlooked the observation in para 14 of the Supreme Court decision, wherein the Court categorically held that its decision on estopping unsuccessful candidates can be distinguished from the cases alleging glaring illegalities in the procedure, following from the decision in Raj Kumar v. Shakti Raj.

Depending on what the petitioners submit and the relevant counter by the NTA the Court will eventually decide on the legality of the recruitment process. This not only leaves the fate of the 550 freshly recruited examiners in somewhat of a limbo but can also jeopardize the legitimacy of the eventual recommendations/ reports passed by these officers, thus affecting the functioning of the Patent Office. This controversy also adds another reason for having a more concrete approach towards appointment of patent examiners, an issue which has been extensively discussed previously here and here. Hopefully, just like its decision to form a panel to improve functioning of the NTA, these controversies surrounding this cycle of the patent examiner recruitment process will also nudge the authorities to look into the process of recruitment of examiners and come up with concrete solutions.

H/t to Dr. K. S. Kardam for his Linkedin post on this development and an anon reader for pointing us to it. 

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31 thoughts on “Irregularities in the Patent Examiner Recruitment Exams? DHC to Decide on the Allegations”

  1. I had sent an email to the NTA to change the date of prelims examination of CGPDTM/DPIIT as another examination of Central University Non Teaching posts was on same date. Interestingly, both examinations was conducted by NTA on same date.
    I didn’t get any response from NTA. I appeared for prelims of CGPDTM/DPIIT only and couldn’t appear for my another examination.
    However, I cleared prelims and appeared for Mains of CGPDTM/DPIIT on 25th January 2024.
    I was hoping that I will clear mains also and will be called for interview as my examination was good in fact better than prelims but I didn’t qualified for interview.They didn’t released the score card or marks of the mains till now.

    They unilaterally changed/arranged the examination of Mains of CGPDTM/DPIIT for some handful of candidates.This is beyond our understanding.
    This raises the serious concerns about the transparency and accountability of NTA.

    1. Yes mine one is also same issue, NTA conduct mains exam on 2 date 2times ,First on 25 january and second on 5 feb, this is far from our understanding that why NTA needs to conduct the exam on 2 time even there is small number of candidate. After that we here some issue regarding 2 times mains paper given by candidates, he told these scenario on telegram channel through his application to NTA and his result is not showing means result later category. What’s going on in this process. Paper didn’t maintain class 1 group A exam type quetions format. They conduct interview in short duration but declare the result after 2 months,That means everything is uncommon by NTA.

    2. If subjective paper held on 25/jan/24 and 05/feb/24 would be same. This is clear advantage to those who gave exam on 5feb.

      As most of the question student remember and can told to their circle…

      In hearing of 15/07/24 this should also mention.

      I am out of 0.49 marks in ECE branch. I can not tell you how painful it is.

  2. NTA has utterly failed in maintaining transparency and fairness especially in the evaluation of Mains Paper II (subjective paper), which accounts for 60% of the weightage. Instead, they biasedly assigned roll numbers and barcodes on answer sheets with state identifiers (e.g., TN, AP). This practice has unfairly influenced the evaluation, providing undue advantage to some candidates while disadvantaging others.

    As many evaluators in our country hold prejudices or biases towards certain regions, and NTA’s approach has enabled this bias instead of neutralizing it (due to state identifiers in roll no’s). Consequently, we observe skewed final results in particular subjects and towards specific regions and exam centers, such as Delhi and its surrounding areas for Biotechnology.

    1. 99.9 percent fail in competitive exams .

      And then they prove their failure by false allegations just to make themselves feel victimized..

  3. I don’t even know the marks obtained in mains exam, also the numbering of questions pattern they shown in admit card is different from the one we got in the exam, there were irregularities in this examination. And called a few people for second time is unacceptable. Even I realised my exam center got changed at the last moment and it made it difficult for me to reach it…

  4. There was undue advantage for student who appear on 5/02/2024 mains examination (second time mains with same paper and no normalization).
    So at least normalization should be done to cancel undue advantage.

    1. Normalization only works in Objective paper.
      Two Subjective paper are always different, this is just Double Standard.
      Candidates must be compared against single standards, that is the very meaning of Exam.

      Must cancel 05 Exam bcs of undue advantage
      also cancel 25Jan Exam bcs of -ve marking issue

      #CGPDTM_SCAM

  5. I have given my all time dedicating this cgpdtm exam and clear prelim. After that nta took main exam on 25th Jan. I tried my best in main , paper 1 is outstanding and discreptive paper is also good. After few days come to know main paper will be on 5Feb . How this can possible Such Group A gazated post can be filled by giving chances for absent candidate . This is totally unfair and I firmly say there is big blunder with this recruitment. They declare final result but they don’t display the score card of candidate who gives main exam …..NtA is just corrupt….big enemy of our feature quality innovation… goverment is slipping …this is big pain of every one….

    1. G
      The students of jk ut are also not satisfied by the recruitment of CGPDTM Patent officers exam by nta agency as expected qualifiers were declared unsuccessful.

  6. Paper 2 of mains examination was supposed to be conducted in one day for all students but as far we know it had been conducted trice that too secretly.
    Moreover, when the result was announced some students categorised as result later. Here the question arise how they have called 5 times the number of seats based on the mains result when 239 results were shown Result Later. Again these result later students were called for interview through personal telephone calls.
    No one is talking about the standard of question paper may be because it not doesn’t have value in the court. But the question paper level was below the local university semester examination. They have asked true/false question of 4 marks. Means write only T or F. The question paper has not been released even after putting servals RTI.

  7. This is very unfortunate to see. When candidates are unable to clear the exam , they try to mislead other innocent candidates by pooling funds etc on name of court cases. The exam had a longer span over 6 months, how suddenly an outburst took place after the results were declared. Suddenly the exam for which everyone was sweating day in day out became irregular. My sympathy with those not selected, but instead of troubling other people they should rather focus over the studies and career than activism.If someone finds irregularities try to scrap those irregularities , why should honest and deserving candidates suffer due to some maligned intentions of anti social elements. In one group a guy was found commenting ” aabh mera select nahi hua toh aabh mai kishiko nahi baane dunga ” . How will such candidates having these mentality pass the interview and become officer of nation.

    1. all the meritorious and crack the exam again… but it is very true that there are many irregularities in conducting this exam

  8. This is totally unfair, some of non-selected candidates formed a telegram group and decided to cancel the examination….. Then searching for the points…… 😡😡

  9. These people were waiting eagerly for the result of Mains Exam. When they were not selected, they started collecting lame excuses to misdirect others including Hon’ble Court.The selected candidates have put their blood and soul into their preparation for this exam for years. For God’s sake,please channelize your energies towards your studies.Please do not try to depress the genuinely selected candidates

  10. I cleared Pre and Mains, called for interview but in final merit list they allotted the whole seats ( 2 seats of OBC, textile ) to PWD candidates whose percentile is much much lower than mine and my colleagues. We filed RTI to know about how many of selected candidates are from 5th feb mains exam

  11. The mains re-examination conducted on 5th February, as per NTA notification it was for some handful candidates who affected due to sudden change in their exam center. But when admit cards were released for re-mains exam one of my friend who was absent for mains paper on 25th Jan, as he was not prepared for written exam got call for re mains exam. Means all absent candidates had been given second chance to attend exam. This is completely unfair and very dought full. And court saying unsuccessful candidates can’t challenge exam process, they are unsuccessful caz they were affected due to NTA unfair process

  12. I cleared the preliminary exam ; being a sincere OBC candidate was hoping that I will be clearing mains too with descent score. However great dismayal came in my hands on 26 March 2024 on the very result day.

    Is the supreme court/ high court right saying only the successful candidates have right to sought a voice against it?
    If it is so I am too pre qualified successful candidate!

    Its not about failing and passing, it is the part of exam and life as well.
    But are we really going to trust the credibility of NTA which has been ruptured and crumpled by NEET and UGC NET’s discrepancies.

    As a matter of fact , great NO! The intention of murder is a CRIME only whether you fire a bullet on leg ,chest or forehead.

    The whole process for mains PHASE 1 and PHASE 2 exam is stuffed with huge evil plannings for the bribe.

    NTA can’t claim that it was only 0.005 percent discrepancy so we must be pleased with grace and gratitude.

    NTA must admit its mistake
    ; otherwise students will boycott all of its exams ! The bigger to smaller officers who are involved I urge to suspend them immediately by the honorable Supreme court .

    Courts are here for justice and there is a deep faith of mine and all the INDIANS .

    We urge SC to cancel this exam and request for re-examination with free and fair competition!

    Jai Hind .

  13. I cleared the preliminary exam ; being a sincere OBC candidate was hoping that I will be clearing mains too with descent score. However great dismayal came in my hands on 26 March 2024 on the very result day.

    Is the supreme court/ high court right saying only the successful candidates have right to sought a voice against it?
    If it is so I am too pre qualified successful candidate!

    Its not about failing and passing, it is the part of exam and life as well.
    But are we really going to trust the credibility of NTA which has been ruptured and crumpled by NEET and UGC NET’s discrepancies.

    As a matter of fact , great NO! The intention of murder is a CRIME only whether you fire a bullet on leg ,chest or forehead.
    NTA can’t claim that it was only 0.005 percent discrepancy so we must be pleased with grace and gratitude.

    NTA must admit its mistake
    ; otherwise students will boycott all of its exams ! The bigger to smaller officers who are involved I urge to suspend them immediately by the honorable Supreme court .

    Courts are here for justice and there is a deep faith of mine and all the INDIANS .

    We urge SC to cancel this exam and request for re-examination with free and fair competition!

    Jai Hind .

  14. It is the problem of large Indian youth population, those are working day night for getting a good job. In competition its is normal to left behind 0.1 score from cut off. Disqualified students are trying to create chaos for selected one. All students has faced the same thing and the selected aspirants has captured the position. Now it is disqualified students turn to accept the failure because of tough competition. Probably some better thing is written in your luck. Don’t waste your, selected aspirants and court’s time as selected aspirants also qualified this exam in multiple steps like pre, mains 1, mains 2, Interview. It is not like objective exam like NEET, UGC NET etc, neither any paper leak. You all trying to drag CGPDTM matter in the NEET matter but nothing is common in these two exams.

  15. My husband face many straggle to clear the qci exam.he is very hard working person.finally he clear the exam only his knowledge.but no use we are not happy because of this case

  16. The CGPDTM NTA Scandal Exposed: A Tale of Breach of Trust
    Within the list of high-stakes examinations in India, very few command as much power and associated consequences as the CGPDTM NTA. This examination was designed to select 1st Class Gazetted Officers who are influential within the government apparatus; through this examination comes not just influence and decision-making but pivotal roles that help drive the nation’s policies. But recent events have stained its integrity, unearthing a scandal that will affect not just the exam’s credibility alone but also the trust of the general public.

    The Controller General of Patents, Designs, and Trade Marks is an organization that is looked upon regarding the protection of intellectual property rights, patents, designs, and trademarks, which play a vital role in contributing to innovation and economic advancements. The National Testing Agency, assigned with the responsibility of conducting fair and transparent examinations in diverse spheres, also includes CGPDTM exams, for maintaining merit and looking into appropriate candidates ascending to positions of massive responsibility.

    The Unraveling of Trust

    However, if recent findings offer any kind of revelations, it’s that the kind of trust it was put in was misplaced. With news of massive escalations of CGPDTM NTA exams rigged with candidates of choice, related whispers of question paper leakages along with favored marking, or in some cases, tampering with the records of candidates, just to name a few points, this has caught up in a huge controversy. What was the epitome of meritocracy and fair competition is now blemished with allegations of systemic corruption haunting the very roots of this hitherto highly respected institution.

    The fallout from such a scandal does not live inside the walls of the CGPDTM or the NTA. It resonates and impacts on public confidence in the inviolate nature of examinations from which it owes leaders for sensible government departments. The impact stretches across society where the very promise of a level playing field and reward for influence languishes under threat.

    A World Hanging in Balance In the context of the CGPDTM NTA exam, decisions of 1st Class Gazetted Officers have bigger stakes in shaping the industries, safeguarding innovations, and upholding the rule of law in intellectual property. These are officers who are supposed to ensure that creativity thrives, though they are supposed to have the eyes that see to it that the rights of the creators and innovators are protected.

    Imagine a scenario where the integrity of this process is compromised.

    With good reason, a mistake, a faulty judgment, of the order of a break in the cosmic rhythm where the very sun itself is threatened to explode, can spell disaster. There is no wiggle room in a world of intellectual property and innovation; every move made reverberates through time in the future course of technological advancement and, hence, economic growth. The potential leadership compromise’s repercussions would not be an affair of nations but more global, onto industries, and economies, and even touching the very texture of societal progress.

    Reflections of Karma

    It has been rightly said that when one speaks of the approaching grand tapestry of life, karma resonates deeply. Just as positive things come out of good karma, the reverse sometimes occurs as well. The doings of the ones constituting the CGPDTM NTA exam supervisory body are being watched, and their repercussions will reach far beyond the bureaucratic offices and examination halls.

    A scandal exposes this with rudeness. Fairness, transparency, and justice—every thought, and every act should proceed towards those. The future of innovation, protection of intellectual property, and public trust hangs in the balance, drawing on the integrity of examinations such as the CGPDTM NTA.

    Conclusion It is surely more than a scandal of breach of trust—the CGPDTM NTA scam is the alarm bell at this jun-nerly. What it brings out yet again is the urgent call for procedural vigilance coupled with transparency and accountability in the process of conducting examinations—after all, it shapes the future holders of vigils. Now, after investigations, the real litmus test will be implemented reforms—whether the belief is going to be reinstated: must emerge stronger, good governance is to be had, and reverting to this meritocracy promise yet again. It is in the field of intellectual property and government stewardship that decisions taken today will echo through the annals of tomorrow.

  17. I am Satyam from NIT Raipur (2019-23) and branch Biomedical Engineering. I have attended CGPDTM 2023-24 mains examination on 25 January of biomedical engineering. There was a long question of 25 marks. In that question “t” was miss-print in the main equation, which has very very significant role in whole question. I do not expect any error in question paper, because it was Group A Gazzated officer exam. I lost 10-15 minutes to find that “t” by substituting the signal equation and finding any way to get that “t” and then finally written all formulas required for that question and some steps where “t” not required and left that question. After coming from exam hall I saw the book and found that “t” was really missing in the signal equation. I ask other candidates of my branch and they also found the same mistake. Some have left the question, some have wisely put “t” and solve the whole equation and some take whole equation constant and written 0 as its solution.
    I called NTA, then they told me that mail your problem, I mailed from 29th January to 9th feb 20-22 times but there is no response. I mailed NTA before starting of copy checking of mains so that they found any solution of this problem, But no response I get.
    Now I am not in final merit list by yo10-15 marks and that 25 marks miss-printed question ruin my whole carrier and life. Miss printing is not issue from my side, it is from NTA side. So proper action should be taken from NTA side, so that no injustice with any student.
    This is not the way of taking exams, where lots of miss-printing in question paper happens and we and our parents have to suffer and then also you do not listen problem of students, you just do whatever you want. Question paper even not published on the website of mains descriptive, as online questions were shown to us.
    Only raising my problem is in my hand,that’s why I am raising my concern. Now everything move on NTA and court to find its solution, so that no injustice happens to any student in the country and genuine and deserving candidate become examiner of patent and design.

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