Sunita vs Haryana Public Service Commission
2023 Latest Caselaw 22621 P&H

Punjab-Haryana High Court

Sunita vs Haryana Public Service Commission on 26 December, 2023

Bench: Anil Kshetarpal, Rajesh Bhardwaj

                                                                Neutral Citation No:=2023:PHHC:165802




103                                                                2023:PHHC:165802

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

                                                LPA-2154-2023 (O&M)
                                                Date of decision : 26.12.2023

Sunita                                                                ....Appellant

                             versus

Haryana Public Service Commission                                    ..... Respondent

CORAM : HON'BLE MR. JUSTICE ANIL KSHETARPAL
        HON'BLE MR. JUSTICE RAJESH BHARDWAJ
        ***

Present :-    Mr. D.S. Gandhi, Advocate
              for the appellant.

              Mr. Deepak Balyan, Addl. AG, Haryana.
              ***
ANIL KSHETARPAL, J. (Oral)

1. This intra Court appeal has been filed to challenge the

correctness of judgment passed by learned Single Judge on

29th November, 2023. The dispute in the case at hand is with regard to the

correctness of questions asked in a multiple choice question paper. In the

beginning, a tentative answer key was published while giving an

opportunity to the candidates to file their objections. On receipt of

objections, the matter was referred to the subject experts. On the opinion

furnished by the subject experts, a revised answer key was published.

Hence, the learned Single Judge dismissed the writ petition while refusing

to interfere in the matter. This LPA has been filed to challenge the

correctness of the aforesaid judgment. On 21st December, 2023, Haryana

Public Service Commission was requested to provide the report of the

subject experts. Learned counsel for HPSC has produced the report which

has also been examined.

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2. In Raj Vijay Singh and others Vs. State of Uttar Pradesh

and others, (2018) 2 SCC 357, the Hon'ble Supreme Court has held that

once the subject experts have examined the matter, the jurisdiction of the

Court to interfere becomes limited. Similarly in Vikesh Kumar Gupta Vs.

State of Rajasthan and others (2021) 2 SCC 309, the same view was

reiterated.

3. In view of the aforesaid facts, no ground to interfere is made

out. Appeal is dismissed.

4. The Court Master is requested to return the report of subject

experts in a sealed cover to the Government counsel.

5. All the pending miscellaneous applications, if any, are also

disposed of.

( ANIL KSHETARPAL ) JUDGE

( RAJESH BHARDWAJ ) 26.12.2023 JUDGE m. sharma

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

Neutral Citation No:=2023:PHHC:165802

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