Punjab-Haryana High Court
Moonak Garg And Ors vs Punjab And Haryana High Court And ... on 29 September, 2023
CWP No. 331 of 2023 (O&M) and other connected cases -1- 2023:PHHC:128349-DB
In the High Court of Punjab and Haryana at Chandigarh
1. CWP No. 331 of 2023 (O&M)
Reserved on : 19.9.2023
Date of Decision: 29.9.2023
Moonak Garg and others .....Petitioners
Versus
Punjab and Haryana High Court and others ....Respondents
2. CWP No. 1078 of 2023 (O&M)
Rajneesh Bala .....Petitioner
Versus
Haryana Public Service Commission and another ....Respondents
3. CWP No. 28484 of 2022 (O&M)
Maitri Kakkar .....Petitioner
Versus
State of Haryana and others ....Respondents
4. CWP No. 28498 of 2022 (O&M)
Soumil Goyal .....Petitioner
Versus
Haryana Public Service Commission and another ....Respondents
5. CWP No. 30320 of 2022 (O&M)
Pragati Sharma and others .....Petitioners
Versus
Punjab and Haryana High Court and another ....Respondents
6. CWP No. 11942 of 2023 (O&M)
Anil .....Petitioner
Versus
GURPREET SINGH
2023.10.04 13:26
Punjab and Haryana High Court and others ....Respondents
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -2- 2023:PHHC:128349-DB
7. CWP No. 19304 of 2023 (O&M)
Jahanvi Sharma .....Petitioner
Versus
State of Haryana and others ....Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MR. JUSTICE KULDEEP TIWARI
Argued by: Mr. R.S.Bains, Senior Advocate assisted by
Mr. M.S.Chauhan, Advocate
for the petitioners (in CWP-331-2023).
Mr. Baltej Singh Sidhu, Senior Advocate with
Mr. Robin Singh Bhullar, Advocate
for the petitioner (in CWP-28498-2022).
Mr. Pardhuman Garg, Advocate
for the petitioners (in CWP-30320-2022).
Mr. Sapan Dhir, Advocate with
Mr. Amit Sharma, Advocate
for the petitioner (in CWP-28484-2022).
Mr. Ankit Grewal, Advocate
for the petitioner (in CWP-11942-2023).
Mr. Krishan Singh, Advocate
for the petitioner (in CWP-1078-2023).
Mr. Akshay Jindal, Advocate
for the petitioner (in CWP-19304-2023).
Dr. A.P.Singhji, Advocate,
Ms. Geeta Chauhan, Advocate, Mr. V.P.Singh, Advocate,
Ms. Richa Singh, Advocate, Ms. Pratima Rani, Advocate and
Ms. Ravnit Kaur, Advocate
for the petitioners (in CM Nos.14384-CWP &
14386-CWP-2023 in CWP-30320-2022).
Mr. Ankur Mittal, Addl. A.G., Haryana with
Mr. Saurabh Mago, DAG, Haryana.
Mr. Rajeev Anand, Advocate
for the respondent No. 1
(in CWP-30320-202, CWP-331-2023, CWP-11942-2023),
for respondent No. 2 (in CWP-1078-2023)
Ms. Harpriya Khaneka, Advocate
for the respondent-HPSC.
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
Mr. B.S.Khehar, Advocate
authenticity of this order/judgement
Chandigarh for respondent No. 2 (in CWP-28498-2022) and
CWP No. 331 of 2023 (O&M) and other connected cases -3- 2023:PHHC:128349-DB
for respondent No. 4 (in CWP-19304-2023).
Ms. Sukriti Gupta, Advocate
for respondent No. 3 (in CWP-28484-2022).
Registrar (Recruitment), Punjab and Haryana High Court,
Chandigarh is present.
****
SURESHWAR THAKUR, J.
1. Since all the petitioners participated in a common recruitment
process, as became initiated by the Punjab and Haryana High Court,
Chandigarh/Haryana Public Service Commission, therefore, all the writ
petitions are amenable for a common verdict becoming made thereons.
2. The said recruitment process, became initiated through an
advertisement, which became published on 13.1.2021. Through, the above
made advertisement, online applications became invited from eligible
candidates, thus for filling up of 256 posts (239 actual posts + 17 anticipated
posts) of Civil Judge (Junior Division), in the Haryana Civil Services
(Judicial Branch).
3. The reservations, as were made in respect of various categories
are carried in a table made thereins, and, table whereof becomes extracted
hereinafter.
General/ SC BC-A BC-B EWS Total ESM ESP Persons with
UR actual disability
vacancies
156 40 21 11 11 239 Gen - 07 Gen - 03 Blindness of Low
SC - 03 SC - 02 Vision (VH) - 03
BC-A - 01 BC-A - 01
BC-B - 02 BC-B - 01 Hearing
impairment (HH) - 03
Total - 13 Total - 07
Locomotor disability
or cerebral
palsy (OH) - 02
Autism, Intellectual
disability or Multiple
Disabilities (MD) - 02
Total - 10
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -4- 2023:PHHC:128349-DB
The bifurcation of the 17 anticipated/unforeseen vacancies is given as
under:-
General/UR SC BC-A EWS Total ESM (Gen)
anticipated
vacancies
4. The said notification prescribed the necessity of the aspirants
concerned, to before becoming enabled to participate in the main
examinations, thus become successfully screened for participation thereins,
rather through theirs qualifying the prior theretos held preliminary
examination(s).
5. It is not contested in any of the writ petitions (supra), that any of
the aspirants concerned, except petitioner Soumil Goyal in CWP-28498-
2022, and, petitioner Maitri Kakkar in CWP-28484-2022, did rather qualify,
the main examinations after theirs becoming successfully screened in the
preliminary examination(s).
6. A perusal of clause 13 of the published advertisement (supra),
which becomes extracted hereinafter in a tabular form, does reveal, that 900
maximum marks became prescribed for the various syllabi, becoming
entailed to the scribed or written by the examinees concerned. The allocation
of marks vis-a-vis the viva-voce were 200.
Paper-I-Civil Code of Civil Procedure, Punjab Courts 200 Marks
Law-1 Act, Indian Contract Act, Indian
partnership Act, Sale of Goods Act,
Specific Relief Act, and Indian Evidence
Act, Haryana Urban (Control of Rent and
Eviction) Act, 1973
Paper-II-Civil Hindu Law, Mohammadan Law and 200 Marks
Law-II Customary Law, Law of Registration and
Limitation
Paper-III Indian Penal Code, Criminal Procedure 200 Marks
Criminal Law Code and Indian Evidence Act.
Paper-IV The English Paper will be of 200 marks
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -5- 2023:PHHC:128349-DB
English and consist of the following:-
1. English Essay (1000-1100 words) 100 Marks
2. Precis 25 Marks
3. Words and Phrases (Make sentences of
the given words and phrases) 25 Marks
4. Comprehension 25 Marks
5. Corrections 25 Marks
Paper-V- Hindi in (Devnagri Script) 100 Marks
Language
Papter-VI- To judge the personal qualities of the 200 Marks
Viva-Voce candidates. The viva-voce shall relate to
the matters of general interest and is
intended to test the candidates' alertness,
intelligence and general outlook. It shall
be conducted in English
7. The eligibility of the candidates to become invited for
participating in the viva-voce, becomes spelt in clause 15, of the
advertisement (supra), clause whereof becomes extracted hereinafter. The
requisite eligibility criteria for the aspirants, being invited to face the viva-
voce test, before the selection committee becomes embodied in theirs
obtaining an aggregate of at least 50% marks in all the written papers.
However, in respect of the candidates belonging to the Scheduled
Caste/Scheduled Tribes, Backward Classes, Physically Handicapped and
Ex-serviceman (but not dependent of ESM and EWS) categories, the
requisite qualifying marks for the aspirants concerned, thus falling within the
above categories, became comprised in each obtaining an aggregate of 45%
marks in the written examination(s).
"15. No candidate shall be called for the viva- voce test unless
he/she obtains at least fifty percent qualifying marks in the
aggregate of all the written papers. However, for the candidate
belonging to the Scheduled Caste/Scheduled Tribes, Backward
Classes, Physically Handicapped and Ex-serviceman (but not
dependent of ESM and EWS) Categories, the qualifying marks
for this purpose shall be forty five percent.
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
Provided that the number of candidates to be called for viva-
authenticity of this order/judgement
Chandigarh voce in order of the marks obtained in the written examination
CWP No. 331 of 2023 (O&M) and other connected cases -6- 2023:PHHC:128349-DB
shall not exceed three times the number of vacancies
advertised. However, if the last candidate to be called for
interview is bracketed with the candidates exceeding three
times by obtaining equal marks, than all of the bracketed
candidates shall be called for interview, inspite of the fact that
the number of candidates to be called for interview exceeds
three times. The appearance in viva-voce test is mandatory.
Provided further that only those candidates shall be eligible to
be recruited as Civil Judges Judicial Magistrates who secure
50% or more marks [read 45% for the SC/ST. BCs. PH and
ESM category candidates (but not dependent of ESM)] in
aggregate of the marks secured in the main written examination
and the viva-voce."
8. Therefore, reiteratedly speakings occur in the above clause, that
the aspirants would become entitled to seek his/her participation in the viva-
voce, thus upon his/her securing an aggregate of at least 50% marks in all
the written papers. Nonetheless, reiteratedly in respect of the Scheduled
Castes/Scheduled Tribes, Backward Classes, Physically Handicapped and
Ex-Servicemen candidates (but not dependent of ESM), the qualifying
marks for the purpose (supra), were prescribed to be in 45 percentum of the
total quantum of 900 marks, as became allotted for the various syllabi, as
were required to be undertaken by the examinees.
9. Though, this Court, for the reason, that all the writ petitions
though arise from a common notification (supra), thus leading this Court to
make a common verdict, upon all the writ petitions.
10. Nonetheless, since the contentions appertaining to challenge(s),
as made to the allocation of marks by the validly constituted selection
committee, to the aspirants concerned in the viva-voce, in which the
aspirants participated, but are different from the challenge(s), as made to the
marks allotted in the written examinations by the examinees concerned.
Therefore, the pleadings in each of the writ petitions, thus are required to be
separately cast, besides require answers becoming separately meted, to those
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
petitioners' contentions, thus containing contra-distinct challenge(s), as
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -7- 2023:PHHC:128349-DB
become erected thereons. Moreover, separate answers are also required to be
made by this Court to the validity of the submissions, as become
respectively addressed by the learned counsels for the petitioners, and, the
learned counsel for the contesting respondent concerned.
11. It is in the above regard, that there is yet a requirement of
segregation being made of all the writ petitions (supra). Therefore, the first
bunch of the writ petitions, whereby the aspirants concerned, who
participated in the viva-voce, and, who, however claim the making of a writ
of certiorari qua the contesting respondent concerned, thus on the premise,
that the said allotment(s), as, made qua them in the relevant viva-voce by the
selection committee, rather being unreasonable, arbitrary, and, capricious
assessment of their respective personalities, thus by the selection committee
concerned, but are to be segregated from the other writ petitions.
12. The writ petitions, which relate to the above challenge, are
respectively bearing No(s). CWP-30320-2022, CWP-11942-2023, CWP-
331-2023 and CWP-1078-2023.
13. The lead writ petition amongst the above bunch of writ
petitions, which require segregation from the other writ petitions, is
CWP-331-2023, titled Moonak Garg and others versus Punjab and
Haryana High Court and others. The learned counsel Mr. R.S.Bains,
Senior Advocate in the writ petition (supra), who has concededly argued the
petitions also on behalf of the counsels appearing in the other connected
therewith writ petitions (supra), has inter alia made the hereinafter
submissions, thus for this Court becoming constrained, to set aside the
marks, as became allotted to the petitioners (supra), by the selection
committee, rather in the viva-voce concerned, which each of them faced.
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -8- 2023:PHHC:128349-DB
First Submission of the learned senior counsel for the petitioners
in the petitions (supra)
14. (i) That the candidates, who participated in the selection
process despite obtaining a very higher range of marks in their written
examination(s) yet theirs being, but in gross disproportion to such a high
range of marks becoming secured by them in their written examination(s),
rather becoming allotted abysmally less marks in their respective viva-voce.
Therefore, the learned senior counsel has argued, that the above gross inter
se disproportion but openly speaks about the vice of arbitrariness, and/or
unreasonableness becoming indulged into, by the members of the selection
committee. He has erected the above submission on a judgment made by
the Hon'ble Apex Court, in case titled as Ashok Kumar Yadav and others
versus State of Haryana and others, reported in (1987) AIR (SC) 454.
15. (ii) In para 27 of the judgment (supra), para whereof stands
extracted hereinafter, there occurs an expostulation about the spread of
marks in the viva-voce test, rather not being required to be enormously
larger, than the marks, as became allotted in the written examination(s).
"We may now, in the background of this discussion, proceed to
consider whether the allocation of as high a percentage of
marks as 33.3 per cent in case of ex-service officers and 22.2
per cent in case of other candidates, for the viva voce test
renders the selection process arbitrary. So far as ex-service
officers are concerned, there can be no doubt that the
percentage of marks allocated for the viva voce test in their
case is unduly high and it does suffer from the vice of
arbitrariness. It has been pointed out by the Division Bench in
a fairly elaborate discussion that so far as the present
selections in the category of ex-service officers are concerned,
the spread of marks in the viva voce test was inordinately high
compared to the spread of marks in the written examination.
The minimum marks required to be obtained in the written
examination for eligibility for the viva voce test are 180 and as
GURPREET SINGH
against these minimum 180 marks, the highest marks obtained
in the written examination in the category of ex-service officers
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -9- 2023:PHHC:128349-DB
were 270, the spread of marks in the written examination thus
being only 90 marks which works out to a ratio of 22.2 per cent.
But when we turn to the marks obtained in the viva voce test,
we find that in case of ex-service officers the lowest marks
obtained were 20 while the highest marks secured were 171
and the spread of marks in the viva voce test was thus as wide
as 151 in a total of 200 marks, which worked out to an
inordinately high percentage of 76. The spread of marks in the
viva voce test being enormously large compared to the spread
of marks in the written examination, the viva voce test tended to
become a determining factor in the selection process, because
even if a candidate secured the highest marks in the written
examination, he could be easily knocked out of the race by
awarding him the lowest marks in the viva voce test and
correspondingly, a candidate who obtained the lowest marks in
the written examination could be raised to the top most position
in the merit list by an inordinately high marking in the viva
voce test. It is therefore obvious that the allocation of such a
high percentage of marks as 33.3 per cent opens the door wide
for arbitrariness, and in order to diminish, if not eliminate the
risk of arbitrariness, this percentage need to be reduced. But
while considering what percentage of marks may legitimately
be allocated for the viva voce test without incurring the
reproach of arbitrariness it must be remembered that ex-service
officers would ordinarily be middle aged persons of mature
personality and it would be hard on them at that age to go
through a long written examination involving 8 subjects and
hence it would not be unfair to require them to go through a
shorter written examination in only 5 subjects and submit to a
viva voce test carrying a higher percentage of marks than that
might be prescribed in case of younger candidates. The
personalties of these ex-service officers being fully mature and
developed, it would not be difficult to arrive at a fair
assessment of their merits on the basis of searching and incisive
viva voce test and therefore in their case, the viva voce test may
be accorded relatively greater weight. But in any event the
marks allocate for the viva voce test cannot be as high as 33.3
per cent."
16. (iii) The above is also tritely underlined in paragraph (supra)
carried in the judgment (supra), as made by the Hon'ble Apex Court.
Therefore it has to be tested whether in term(s) thereof, the contesting
respondent concerned, thus had allotted enormously large marks to the viva
GURPREET SINGH
2023.10.04 13:26
voce test, vis-a-vis the marks allocable to the written examination(s), and,
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -10- 2023:PHHC:128349-DB
had thereby belittled or demeaned the importance of the written examination
concerned.
Reasons for rejecting the above submission
17. In the above regard, it is but noticeable, that the contesting
respondent concerned, as spoken in the advertisement (supra), thus had
allocated 900 marks to the written examination(s), whereas, 200 marks
became reserved, thus for theirs becoming allocable to the aspirants who
faced the viva-voce test. Therefore, it cannot but be obviously said, that
there was any enormously large allocation of marks to the viva-voce, than to
the ones, as became allotted to the written examination, nor thereby it can be
said that breach has been caused by the contesting respondent concerned, to
the mandate (supra), as made by the Hon'ble Apex Court in verdict (supra).
Second submission of the learned senior counsel for the petitioners
There is disproportion inter se the marks allotted to the selectees in the
viva-voce with the ones, as became allotted to them in the written
examination(s) thereby vitiating the selection process.
18. Though, the learned senior counsel for the petitioners in making
the above argument, has depended upon a judgment made by the Hon'ble
Apex Court in case titled as Union of India and another versus N.
Chandrashekhran and another reported in 1998 (AIR) (SC) 795, and, upon
a verdict rendered in a case titled as Jasvinder Singh and others versus
State of Jammu and Kashmir and others reported in (2003) 2 ALLCJ 1035.
However, both the judgments (supra) relate only to the above settled
proposition of law, by the Hon'ble Apex Court, in Ashok Kumar Yadav's
case (supra). Resultantly, when this Court, has on an incisive scrutiny of the
relevant extracted thereof paragraph (supra), made cullings therefrom, that
GURPREET SINGH
the trite underlined principle thereins, but is that, there being no enormously
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -11- 2023:PHHC:128349-DB
disproportionate allocation of marks inter se the viva-voce test, thus with the
ones, as became allotted to the written examination(s). Moreover, when this
Court upon vis-a-vis the instant case, thus applying the above trite
underlining, as carried in Ashok Kumar Yadav's case (supra), has made a
conclusion, that the contesting respondent concerned, rather has not
breached the above trite legal principles underlined in Ashok Kumar
Yadav's case (supra). Therefore, the other judgments (supra), also do not
advance the arguments made by the learned senior counsel for the
petitioners, that thereby the selection process, insofar as it, relates to there
being gross disproportion in the allocation of marks to the selectees in the
viva-voce concerned, with the ones, as became assigned in the written
examinations(s) concerned, which has now concluded, and, has also resulted
in the selectees concerned undergoing training, thus is required to be
quashed and set aside.
19. Though, the learned senior counsel for the petitioners, has
placed reliance on a judgment made by this Court, in case titled as Subash
Chander Sharma and others versus State of Haryana and others reported
in (1984) 15 SLR 165, to contend that since, there was gross disproportion
inter se the marks allotted to the candidates, in the qualifying examination
by the examiner concerned, and, the ones, as became allotted to the
candidates, in the viva-voce concerned by the selection committee, thereby
when this Court, in verdict (supra), rather has nullified the selection process,
as became embarked upon in the verdict (supra). Therefore, he argues, that
this Court may also likewise proceed to nullify the awardings of the marks
to the petitioners, in the viva-voce, as there is a gross disproportion
inter se the marks secured by the aspirants concerned, in the
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
written examination(s), than the ones which became allotted to them in the
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -12- 2023:PHHC:128349-DB
viva-voce, which they faced before the selection committee concerned.
Reasons for rejecting the above argument
20. However, for the reasons to be assigned hereinafter, the above
made argument also has no efficacy at all.
21. The reason for drawing the above conclusion becomes
comprised in the factum, that even if assumingly in Subash Chander
Sharma's case (supra), there was less or an ill spread of marks inter se the
marks allotted to the written examination(s), vis-a-vis the ones, as became
allotted to the viva-voce, inasmuch as, the marks allotted in the written
examination were 700, and, the marks allotted in the case (supra) were 200,
and, may be if assumingly, that thereby there was breach to the mandate
recorded by the Apex Court in Ashok Kumar Yadav's case (supra). However,
the prime reason other than the above, which prevailed upon this Court, in
Subash Chander Sharma's case (supra) to nullify the selection process, thus
became premised on the plank, that there was gross arbitrariness, and,
capriciousness on the part of the selection committee, to under-allot or
under-assess the candidates, who participated in the viva-voce concerned.
The pivotal premise which coaxed this Court in the judgment (supra) to, thus
nullify the selection process, is carried in paragraph 61 of the judgment
(supra), paragraph whereof becomes extracted hereinafter.
"61. To finally conclude it becomes somewhat necessary to
reiterate :-
(i) In view of the virtually unrebutted pleadings with regard
to the very constitution of the Public Service Commission; the
forth right intrinsic evidence of its inner working by one of its
senior members itself; the admitted participation of the two
members of the Commission in the selection of the three of their
close relations; the interviewing of an inordinately large
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
multiple of candidates (1,300) entirely disproportionate of the
CWP No. 331 of 2023 (O&M) and other connected cases -13- 2023:PHHC:128349-DB
number of vacancies available; the resultant unfairness in the
selection qua the writ petitioners, both individually and
collectively; the objective analysis of the result of the 16
candidates selected for the top H C. S (Executive) in particular
and of the 151 top candidates of the combined result in general;
it has to be necessarily held that the writ petitioners have more
than amply discharged the burden of establishing the very
reasonable likelihood of bias thus vitiating the whole gamut of
the selections herein;
ii) that the impugned selections herein satisfy the test of "an
obvious oblique motive" laid out in Lila Dhar's case (supra)
which not only warrants but compels judicial interference;
(iii) that with regard to the selections from Ex-servicemen
candidates, the ratio of 33/ per cent of viva voce test to the total
marks, as was prescribed by Regulations 1 and 5 of Appendix-I
to the 1930 Rules, is plainly arbitrary and thus totally violative
of Articles 14 and 16 of the Constitution of India and is hereby
struck down; and
(iv) that even as regards the candidates of the general
category, the ratio of 22.2 per cent of the viva voce test to the
total marks prescribed by Regulations I and 5 of Appendix-1 of
the 1930- Rules, is equally arbitrary and violative of Articles 14
and 16 of the Constitution and has consequently to be struck
down."
22. A reading of the above extracted paragraph reveals, that the
above made conclusion, became spurred from the factum qua unrebutted
pleadings rather making forthright emergence(s) about (a) the senior
members of the selection committee, thus selecting their relatives, (b) the
interviewing of an inordinately large number of candidates (1300), and, as
such, the said enormous numerical strength of the candidates, who were
invited to face the viva-voce, thus being entirely disproportionate to the
number of vacancies available, (c) the resultant unfairness in the selection
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
qua the petitioners both individually, and, collectively, (d) the objective
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -14- 2023:PHHC:128349-DB
analysis of the result of 16 candidates selected for the top HCS (Executive)
in particular, and, of the 151 top candidates of the combined result in
general, thus led this Court, in the judgment (supra), to make the conclusion,
that thereby rather a secure evidentiary foundation became laid, thus to draw
an invincible conclusion, that not only there was a very reasonable
likelihood of bias, but only the said bias becoming potentialized.
Consequently, it was declared therein, that the entire selection process, is
invaded with the vices of ill bias(es) or of oblique motives, thus leading this
Court to set aside the selection process, as became challenged in the
judgment (supra). For the reasons to be assigned hereinafter, the facts of the
judgment (supra), which resulted in the above made conclusion, being drawn
by this Court, are completely contradistinct to the facts which are available
before this Court.
23. Since for making the judgment (supra) applicable to the instant
case, there is required to be a complete synchrony inter se the facts therein,
and, the facts at hand. Therefore, unless the above synchrony, does evidently
emerge, thereby the conclusion, as made in the judgment (supra) rather
would not be binding upon this Court.
24. In the above regard, there is no material placed on record, at the
instance of the petitioners, that any of the members of the selection
committee, rather selected those candidates, who were closely related to
them, nor any evidence has emerged before this Court, thus displaying that
the contesting respondent concerned, invited only those candidates for
facing the viva-voce, despite theirs not obtaining the minimum qualifying
marks in the written examination, nor any cogent material has been placed
on record, whereons, the learned senior counsel for the petitioners, thus can
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
well contend, that there was any reasonable likelihood of bias working in the
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -15- 2023:PHHC:128349-DB
minds of the selection committee, and/or that the said bias became also
potentialized.
25. Since all the above parameters or fact, as existing in the verdict
(supra) were also required to be making, thus there imminent surgings, also
before this Court, for thereby the conclusion (supra), as, made in Subash
Chander Sharma's case (supra), being made applicable with aplomb to this
case. However, when as above stated, there is completest adherence to the
norms made in the advertisement (supra), inasmuch as, the contesting
respondent concerned, only inviting those candidates, who were thus eligible
for participation in the viva-voce. Consequently, since the numerical
strength of the candidates, who were invited to participate in the viva-voce,
but was in proportion to the eligibility criteria, as became prescribed, thus
for their participation in the viva-voce concerned. Moreover, when it is also
noticeable, that after a profound, and, insightful application of mind, by the
contesting respondent concerned, that thereby the eligibility criteria for
apposite participations in the viva-voce concerned, thus became prescribed.
Therefore, it is but obvious that the said application of mind, led to
invitation(s) being made to the successful candidates concerned, rather for
theirs facing the viva-voce. Moreover, the said prescription, thus became
well founded upon there being proportion inter se the vacancies advertised,
and, the candidates, who were to be declared fit to face the viva-voce.
Resultantly also there was no gross disproportion inter se the number of
vacancies available, and, the aspirants, who in terms of the advertisement
(supra), thus became invited to face the viva-voce before the selection
committee. In consequence, the expostulation of law, as made in Subash
Chander Sharma's case (supra) relating to there being a gross disproportion
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
inter se the vacancies advertised, and, the candidates who were invited to
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -16- 2023:PHHC:128349-DB
face the viva-voce concerned, and, the further conclusion, that thereby the
selection process in the said case became vitiated, rather is on anvil of the
pointed distinguishing theretos facts (supra), as, available in the case at
hand, thus would not make it squarely applicable to the facts at hand. The
natural sequel thereof, is that, thus on the plank of the above judgment, this
Court is not coaxed to declare that the selection process is vitiated.
26. Consequently, reiteratedly on the premise of the above
purported breach, it cannot be argued before this Court, that there was, as
such, any reasonable likelihood of bias inhering in the mind(s) of the
members of the selection committee, nor also it can be argued, that thereby
there was any oblique/motive, thus working in the mind(s) of the members
of the selection committee concerned, especially when, as stated (supra) for
the above conclusion, rather emanating from this Court, it was but necessary
to both plead, and, to also prove, that any of the members of the selection
committee, thus were related to those candidates, who ultimately made their
place in the selection list. However, for want of pleadings (supra), and, also
for the consequent wants of adduction of proof in respect thereof, thus
makes the above argument to be unsustainable. In nutshell, the said
argument becomes foundered, and, is rejected as such.
27. Predominantly, the ire point which has been most vigorously
espoused before this Court, and, as appertains to there being under-rating or
under-assessing of the personalities of the candidates, who faced the viva-
voce concerned, before the selection committee, but irrespective of what has
been stated hereinabove, does also completely lose its tenacity. The reason
for forming the above conclusion stems from the factum, that in the
judgments made by the Hon'ble Apex Court in case titled as Madan Lal and
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
others versus State of Jammu and Kashmir, reported in 1995(3) SCC 486,
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -17- 2023:PHHC:128349-DB
which has been followed in subsequent judgments of the Hon'ble Apex
Court respectively made in Amlan Jyoti Borroah versus State of Assam
reported in (2009) 3 SCC 227, Dr. Ashwani Kumar Dalal versus Central
Administrative Tribunal, Chandigarh Bench, Chandigarh and others
2010(4) SCT 753, Mukesh Thakur and others versus State of Himachal
Pradesh and others 2021(1) SimLC 230 and Taniya Malik versus The
Registrar of the High Court of Delhi, 2018(2) SCT 196, thus consistent
views are expressed, about the writ Court becoming barred from in the
exercise of its writ jurisdiction, to re-assess, thus as a super assessor or as a
super evaluator, the assessments in the viva-voce, as made by the selection
committee concerned. The relevant paragraph of the judgment of the
Hon'ble Apex Court in Madan Lal and other's case (supra) is extracted
hereinafter.
"10. Therefore, 'the result of the interview test on merits
cannot be successfully challenged by a candidate who takes a
chance to get selected at the said interview and who ultimately
finds himself to be unsuccessful. It is also to be kept in view that
in this petition we cannot sit as a Court of appeal and try to
reassess the relevant merits of the concerned candidates who
had been assessed at the oral interview nor can the petitioners
successfully urge before us that they were given less marks
though their performance was better. It is for the Interview
Committee which amongst others consisted of a sitting High
Court Judge to judge the relative merits of the candidates who
were orally interviewed in the light of the guidelines laid down
by the relevant rules governing such interviews. Therefore, the
assessment on merits as made by such an expert committee
cannot be brought in challenge only on the ground that the
assessment was not proper or justified as that would be the
function of an appellate body and we are certainly not acting as
a court of appeal over the assessment made by such an expert
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -18- 2023:PHHC:128349-DB
committee."
28. Moreover, when it has also been expounded thereins, but with
forthrightness, and, candor, that the above squarely falls within the domain
of the selection committee concerned.
29. A similar view has been taken by the Hon'ble Apex Court in a
case titled, as, Manish Kumar Shahi versus State of Bihar, reported in
2010(12) SCC 576, whereby the Hon'ble Apex Court after placing reliance
on Madan Lal's case (supra) rather dismissed the said case.
30. Therefore, any argument founded on makings of any purported
under assessment of the personalities or under ratings of the suitabilities of
the candidates, who faced the viva-voce, before the selection committee
concerned, but without any material (supra), rather supporting that there was
any likelihood of bias working in the minds of the members of the selection
committee, or that the said bias becoming also potentialized, rather is an
ideally made or an imaginative argument, and, to which no reverence can
become meted by this Court. In sequel, this Court refrains from in the
exercise of its writ jurisdiction, thus making reviews of the assessments or
ratings, as made of the candidates, who faced the viva-voce, thus before the
selection committee concerned.
31. Even otherwise, the above argument is covered within the
expostulation of law, as made by the Hon'ble Apex Court in Madan Lal's
case (supra), whereins, it has been expostulated with utmost candor, that the
selection committee alone is the repository of making assessments of the
candidates, who faced the viva-voce, thus before it, and, that the said
assessment, as made by the members of the selection committee of the
personality traits of the candidates, who faced the viva-voce before it, rather
cannot be reviewed in the exercise of its review jurisdiction by this Court, as
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -19- 2023:PHHC:128349-DB
thereby this Court would be untenably working as a super evaluator or as a
super assessor, which function is, by the judgment (supra), thus debarred to
be made by a writ Court.
32. During the course of hearing, this Court elicited the assistance
of the Registrar (Recruitment) of this Court, and, asked him whether the
members of the selection committee were aware of the results obtained by
the candidates concerned in their respective written examination(s).
However, he has forthrightly submitted before this Court, that the selection
committee was not awakened about the results obtained by the candidates
concerned, rather in their written examination(s). Moreover, when it has
also been intimated by the Registrar (Recruitment) of this Court, that the
intimation, as became purveyed to the selection committee concerned, was
pointedly vis-a-vis only their respective roll numbers. Consequently also, no
argument can be raised before this Court, that thus the selection committee
functioned with a pre-disposed mind, thus to select candidate(s) of their
choice or to eliminate any other candidate not of their liking, rather through
the selection committee arbitrarily under assessing the candidates, in their
respective viva-voce, despite theirs fetching a high score in the written
examination.
Third argument of the learned senior counsel for the petitioners
33. The learned senior counsel for the petitioners has also
vehemently argued, that since in the notification, which became issued by
the Government of Haryana on 14.12.2020, and, with relevant para 13
thereof, as mentioned in the paper book, para whereof stands extracted
hereinafter, a prescription occurs qua the composition of the selection
committee.
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
"(2) The Selection Committee referred to in sub-rule (1) shall
CWP No. 331 of 2023 (O&M) and other connected cases -20- 2023:PHHC:128349-DB
comprise of the following members, namely:-
i. three Judges of the High Court of Punjab and Haryana
nominated by the Chief Justice, of whom the senior-most
shall be the Chairman;
ii. the Advocate General, Haryana;
iii. the Chief Secretary to Government, Haryana; and
iv. the Chairman of the Haryana Public Service
Commission"
34. Therefore, he argues, that the contesting respondent concerned,
rather deviating from the expostulations (supra), as made in the notification
(supra), inasmuch as, it proceeding to add three more Hon'ble Judges of this
High Court, as members of the selection committee. In sequel, he argues,
that the said alteration in the composition of the selection committee, has
rather concomitantly resulted in an unfair, fathoming of the suitability or of
the personality traits of the present petitioners.
Reasons for rejecting the above submission
35. The above made argument is highly imaginative, unrested upon
any firm pleadings, nor any cogent material has been placed on record to
support the said argument. Therefore, the said argument, thus warrants its
being rejected, and, is rejected as such.
36. Be that as it may, the relevant notification contemplates that
three Hon'ble Judges of this High Court to be nominated by the Hon'ble
Chief Justice, of whom the senior most shall be the Chairman of the
selection committee, thus was comprised in the strength of the selection
committee. Nonetheless, when three more Hon'ble Judges of this High
Court were also added along with the stipulated, three Hon'ble Judges of
this High Court, thus in the selection committee, which viva-voced the
candidates concerned, rather is also a validly adopted mode, as on a perusal
GURPREET SINGH
of the record, it is evident, that the said addition but was made after approval
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -21- 2023:PHHC:128349-DB
thereto becoming assigned by the Hon'ble Chief Justice of this Court.
37. Furthermore, it is promotive, thus for ensuring the purveying of
valuable inputs by three more Hon'ble Judges of this High Court, who but
are experts in their own respective fields, and, thereby would assuredly
supplement the expertise enjoyed by the three Hon'ble Judges, of the
selection committee, who are declared in the relevant notification, to be the
members of the selection committee. Resultantly, if the addition of three
Hon'ble Judges of this High Court, as members of the selection committee,
hence is promotive, besides is for ensuring a more incisive scrutiny, and,
fathomings of suitabilities of the aspirants, who participated in the viva-voce
concerned. Therefore, but obviously, the above cannot be said to be shorn of
any element of transparency, nor also it can be argued, that thereby there has
been any breach vis-a-vis the principle of non-arbitrariness or
reasonableness, as enshrined in Articles 14 and 16 of the Constitution of
India.
38. Needless to say that the aspirants, who faced the viva-voce,
have become selected in the judicial services. Therefore, since all the
members of the selection committee are but obviously high constitutional
dignitaries/the senior most bureaucrat in the State of Haryana, besides
naturally, when they were also enjoying the optimum expertise, thus for
ensuring the making of the most fairest selection(s), thus of the most suitable
candidates. Therefore, when they were but specialists in the field of law,
resultantly there was no requirement of associating any other expert in the
field of law, nor thereby the learned senior counsel for the petitioners rather
can argue, that any other specialized personality in the field of law, thus was
required to be added, to the composition of the selection committee, nor
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
thereby he can also argue, that the purported altered composition of the
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -22- 2023:PHHC:128349-DB
selection committee, thus has resulted in an unfair, and, tainted selection
being made by the members of the selection committee.
Fourth argument of the learned senior counsel for the petitioners
39. The learned senior counsel for the petitioners has also argued,
that since the members of the selection committee made consensual or ad
idem ratings of the candidates, who participated in the viva-voce, thereby the
said ratings do per se smack of unreasonableness, and, arbitrariness.
Therefore, he argues that the said ad idem ratings, as made by the members
of the selection committee of those candidates, who participated in the viva-
voce, is required to be undone.
Reasons for rejecting the above argument
40. However, the above argument loses its sheen not only in the
light of this Court, making the above conclusion, but also becomes
weakened of its vigour, thus on the premise that there is no material brought
on record suggestive, that any of the members of the selection committee
were acting on the mentorings or tutorings of any other member thereof. If
so, the above raised argument, if is bereft of the above requisite pleading,
and, also is bereft of any firm evidentiary strata, thus to succor the said
unraised plea, thereby the said argument becomes completely capsized, and,
is also liable to be rejected.
The candidates, who participated in the selection process rather
through their participation(s) therein, thus become estopped from
challenging the selection process.
41. Predominantly, the Hon'ble Apex Court in case titled as
Dhananjay Malik and others versus State of Uttaranchal and others
reported in 2008(4) SCC 171, has thereins made expostulations, which
appertain to there being an estoppel against any challenge being made to the
GURPREET SINGH
selection process, rather by a candidate, who has made his participation in
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -23- 2023:PHHC:128349-DB
the selection process. Consequently, when the challengers to the selection
process but evidently participated in the said selection process, therefore the
expostulations, carried in paragraphs 8 and 9 of the judgment (supra), paras
whereof stand extracted hereinafter, do but forthrightly, thus create an
estoppel, against the challengers to the selection process, rather to make any
efficacious challenge to the said selection process, as became initiated, and,
now has been also concluded, leading to the selectees undertaking induction
training at the Chandigarh Judicial Academy.
"8. In Madan Lal vs. State of J & K, 1995 (2) SCT 880:
(1995)3 SCC 486, this Court pointed out that when the
petitioners appeared at the oral interview conducted by the
Members concerned of the Commission who interviewed the
petitioners as well as the contesting respondents concerned, the
petitioners took a chance to get themselves selected at the said
oral interview. Therefore, only because they did not find
themselves to have emerged successful as a result of their
combined performance both at written test and oral interview,
they have filed writ petitions. This Court further pointed out
that if a candidate takes a calculated chance and appears at the
interview, then, only because the result of the interview is not
palatable to him, he cannot turn round and subsequently
contend that the process of interview was unfair or the
Selection Committee was not properly constituted. In the
present case, as already pointed out, the writ petitioners-
respondents herein participated in the selection process without
any demur; they are estopped from complaining that the
selection process was not in accordance with the Rules. If they
think that the advertisement and selection process were not in
accordance with the Rules they could have challenged the
advertisement and selection process without participating in the
selection process. This has not been done.
9. In a recent judgment in the case of Marripati Nagaraja
vs. The Government of Andhra Pradesh, 2008(1) SCT 26 :
2007(6) RAJ 411 : (2007) 11 SCR 506 at p.516 SCR this Court
has succinctly held that the appellants had appeared at the
examination without any demur. They did not question the
validity of fixing the said date before the appropriate authority.
They are, therefore, estopped and precluded from questioning
the selection process."
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -24- 2023:PHHC:128349-DB
42. Moreover, the said expostulations become also reiterated in a
judgment of the Hon'ble Apex Court made in a case titled as Amlan Jyoti
Borroah versus State of Assam reported in (2009) 3 SCC 227.
43. Since, reiteratedly the candidates in the writ petitions (supra),
evidently participated in the selection process, therefore, in terms of the
expostulations (supra), as made by the Hon'ble Apex Court, thus thereby
their respective challenges become completely forestalled, thus through the
bar of estoppel, acquiescence, and, waivers, as become(s) stemmed from
their participations in the selection process.
Fifth argument of the learned senior counsel for the petitioners
44. Though, the learned senior counsel for the petitioners has
argued, that since the candidates, who were invited to face the viva-voce
thus became invited but category wise, thereby the said category wise
invitation(s), as became made to the candidates concerned, rather makes the
selection process to be ridden with the vice of arbitrariness.
Reasons for rejecting the above argument
45. However, the above argument also does not appear to be
carrying any legal tenacity, as unless the said invitation(s), as became
extended to the successful candidates, thus to face the viva-voce concerned,
rather became suggested, by any cogent material to but become spurred,
from any active proclivities, to thus ensure that some of the aspirants in the
category concerned, rather become selected, and, with a bias against some
others in the said category, thus becoming eliminated, thereby alone the
above category wise invitation(s) extended to the qualifying candidates to
face the viva-voce concerned, thus would hold immense creditworthiness.
Since no material (supra) has been adduced at the instant of the petitioners,
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
therefore the invitation(s) extended to the successful candidates by the
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -25- 2023:PHHC:128349-DB
contesting respondent concerned, to face the viva-voce concerned, is the
sequel, only for maintaining the very same chronology in which the results
became released, of all the candidates qua the written examination(s). Since
the results of the successful candidates were released category-wise,
therefore, the invitation(s) made, on a category wise basis to such successful
candidates in the written examination(s), thus to face the viva-voce
concerned, but obviously does not suffer from any ill-act on the part of the
contesting respondent concerned, nor thereby it can be construed, that
thereby any bias was reared by the selection committee concerned.
46. Even otherwise, there is no pointed material placed on record
by the petitioners rather magnificatory that any of the candidates, who
became invited category wise to face the viva-voce, were selected in a
partisan manner, and/or qua there being a bias against the candidates of a
particular category, and/or qua those who became eliminated, thus through
an unfair assessment of their personalities' traits, being made by the
members of the selection committee.
Submission of the learned counsel for the petitioner
(in CWP-1078-2023)
47. The learned counsel for the petitioner submits, that the
petitioner participated in the relevant recruitment process, as a scheduled
caste category, and, had also succeeded in the main/written examination(s),
whereafter she was not awarded in the viva-voce concerned, thus marks
proportionate to the ones which she secured in the written examination(s).
Therefore, the petitioner but challenges the under ratings, and, under-
assessments of her personality traits by the members of the selection
committee.
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -26- 2023:PHHC:128349-DB
Reason for rejecting the above argument
48. However, since the above argument, for reasons (supra) rather
has been dispelled by this Court, therefore, the argument (supra), which is
parameteria to the above dispelled argument, thus also is required to be
rejected.
49. The further claimed raised by the petitioner, in the petition
(supra), apart from the claims, which are dealt with (supra), is premised on
the ground, since there are large number of vacancies, yet to be filled, either
in the open or in the reserved category, thereby she be selected as a
candidate against the advertised post(s). The above argument would succeed
only if the totallings obtained by the writ petitioner (supra) in the written
examination, and, in the viva-voce, thus made them to be 45%.
50. However, a perusal of the records, as placed before this Court
by the Registrar (Recruitment) rather clearly speaks, that she has obtained
marks rather much below, the said prescribed qualifying aggregate marks
both in the written examination(s), and, in the vova-voice. In consequence,
even if there are vacancies to be filled up either in the general category or in
the scheduled caste category, to which the petitioner belongs, yet in the
wake of the above, she is not entitled for a mandamus being made upon the
contesting respondent concerned, to ensure hers securing a place in the list
of selected candidates.
51. Consequently, this Court finds no merit in the petitions (supra),
and, is constrained to dismiss them. Accordingly, CWP-30320-2022, CWP-
11942-2023, CWP-331-2023 and CWP-1078-2023 are hereby dismissed.
52. The other writ petitions which are to be segregated from the
writ petitions (supra), are respectively CWP-28484-2022, CWP-28498-2022,
and CWP-19304-2023.
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -27- 2023:PHHC:128349-DB
53. Though, the challenge made in the said writ petitions, is to the
non awarding or to less awarding of marks by the examiner concerned, but
to the relevant questions, which the learned counsels for the petitioners
argue, that they were rather correctly answered by them. Nonetheless, yet
since the said challenges are different from each other, therefore, each of the
above writ petitions rather carrying separate challenge(s) qua non awardings,
and, qua less awardings of marks, despite theirs respectively purportedly
making correct answers to the relevant questions, rather are required to be
dealt with separately.
CWP-28484-2022
54. The learned counsel for the petitioner, has during the course of
the arguments, confined his prayer to the non-rendition of the fullest
complement marks, to question No. 2(i) of the English language
examination, question whereof, becomes extracted hereinafter, and, also the
answer meted thereto becomes extracted hereinafter.
"Q-2. Make sentences using the following words:-
(i) invincible
x x x x x"
"Answer:-
Meaning : Determined not to change
Sentence : He showcased invincible courage in times of
distress."
55. The learned counsel for the petitioner has foregone all the other
contentions, as raised in the petition (supra). The learned counsel submits,
that in case, the petitioner was assigned the fullest complement of marks, to
the purportedly correct answer, which as such became meted by the aspirant,
to the above question. Resultantly, the aspirant concerned, would secure the
relevant figure of qualifying marks, for hers thereafter becoming invited to
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -28- 2023:PHHC:128349-DB
face the viva voce test. Though, as stated (supra), this Court would refrain
to in the exercise of its review jurisdiction vested in it, under Article 226 of
the Constitution of India, thus function as a super evaluator.
56. However, the said restriction or curtailment imposed, upon the
writ jurisdiction of this Court, is with a very limited exception. The said
exception is grooved in the trite factum, that if the examiner concerned, has
not assigned any marks to a purportedly correctly meted answer, to the
relevant question, thereby the writ Court can proceed to make a reference for
re-evaluation(s) of the answer, as claimed to be correctly meted by the
aspirant concerned, to the relevant question.
57. Moreover, for the above exception to the canon (supra), thus
becoming ably canvassed, it was but required, that scripts and texts authored
by renowned subject matter scholars, did also make user of the said word in
almost the closest synonymity with its user, as made by the aspirant
concerned. In the above regard, a ready reference to the texts, occurring at
pages 104 and 105 of the paper book, unfold that the petitioner has prima
facie used, the above word with an almost close synonymity, and/or akin
vis-a-vis to its user, as has been made by him/her. Since the above exception
prima facie appears to have been proven, resultantly, thereby though this
Court deems it fit to impart the fullest justice to the petitioner in the petition
(supra), yet it would refrain to dislodge the evaluation, as made by the expert
concerned, to the purportedly correct answer meted by him/her to the
question (supra). Nonetheless, since this Court has found, that
exception(supra), thus to the general rule, whereby this Court is required to
refrain from functioning, as a super evaluator or as a super assessor, vis-a-
vis, the answers meted by the aspirants to the relevant question, rather is
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
prima facie working towards the petitioner. In consequence, to reconcile the
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -29- 2023:PHHC:128349-DB
inter se difference visited by the examiner concerned, qua the user of word
'invincible', by the candidate, with its user, as made in terms thereof, by
subject matter scholars in texts (supra). Resultantly, this Court deems it fit,
and, appropriate to thus make a reference to an expert concerned.
58. Consequently, the Head of the English Department, Panjab
University, Chandigarh, is appointed as an Expert, who thus be purveyed by
the Registrar (Recruitment), both the question, and, the answer meted to the
user as made of the word 'invincible', by the candidate concerned. The
Registrar (Recruitment) is also directed to purvey to the said expert, the
scripts (supra) wherein alike the user, as made of the word (supra) by the
petitioner, the subject matter scholar rather has also made its user in the said
script(s). The expert concerned, is directed to make his opinion, and, place
the same before the Registrar (Recruitment) for thereafter its after being
placed before the Hon'ble Chief Justice. In case, the expert concerned,
opines in favour of the petitioner, thereupon a mandamus is made upon the
respondent concerned, to ensure that the petitioner is invited to participate in
the viva-voce. The reason being that it is intimated to this Court that yet
there exists 83 vacancies in the general category, to which the petitioner
belongs.
59. With the afore observation, CWP-28484-2022 stands disposed
of.
CWP No. 28498 of 2022
60. The learned senior counsel for the petitioner argues, that the
petitioner though had made a correct answer to question Nos. 3 (a)(vi) of
Hindi language examination, question whereof occurs at page 136 of the
paper book, and, the answer made to the said question occurs at page 108 of
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
the paper book. However, since the said answer is to the plain eye, but
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -30- 2023:PHHC:128349-DB
completely deficit qua thereby it being said to be the appositely made
purification of the relevant impure question. Resultantly, the said answer
occurring at page No. 108 of the paper book to the relevant question (supra),
does appear to have been correctly rated by the examiner concerned. Even
otherwise, it is not within the domain of this Court to unless material surge-
forth, that there are texts supporting or scripts made by the renowned subject
authors, rather supporting the correctness of the answers meted by the
aspirant to the question, which, however, has not been rated at all, thereby
the ratings, as assigned by the examiner concerned, are uninterfereable by
this Court, thus in exercise of its writ jurisdiction, as this Court is not
required to be rather ill-functioning as a super evaluator vis-a-vis the
evaluation(s), as done by the evaluator(s) concerned.
61. Though, the learned counsel for the petitioner has also
challenged the non awarding of the fullest complements of marks by the
examiner concerned, to question Nos. 2(ii), 2(iii), 2(v), 2(vii), 2(viii) and
5(viii) of English language examination, on the ground that purportedly
correct answers became meted to the above questions. Again, the said made
argument, if accepted, would result in this Court untenably usurping the
function of an evaluator besides would untenably result in this Court
functioning as a super evaluator. Therefore, the non awarding by the
evaluator, thus of the fullest complement of marks to the aspirant concerned,
does appear to become well gauged, thus on the various factors, which are to
be borne in mind by the evaluator, who normally is also the examiner
concerned. The said multiplicity of considerations in making the apposite
evaluations, thus are within the exclusivity of domain of the expert
concerned. Therefore, in the said exclusivity of domain of the expert
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
concerned, to make awardings of marks vis-a-vis, the answers made to the
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -31- 2023:PHHC:128349-DB
relevant questions, especially when they are not multiple choice questions,
to which keys are attached, rather when the evaluations of answers, as meted
to the relevant questions, do require various factors to be borne in mind,
rather for fairly rating them, either fully or lesser than the fullest
complement of marks being awarded thereto. Resultantly, this Court refrains
from interfering with the evaluations, as were done of the answers meted to
the relevant questions.
62. Consequently, this Court finds no merit in the instant petition,
and, is constrained to dismiss it. Accordingly, CWP-28498-2022, is hereby
dismissed.
CWP No. 19304 of 2023
63. The learned counsel for the petitioner submits, that the
examiner concerned, while rating answers to question Nos. 2(c) and 2(d),
has done over writings, thereby the said over writings are manifestative of
the examiner, being prejudiced against or is not making a deep application of
mind, especially when the said over writings are personificatory, that there
has been reduction thereby of the marks, which without the purported over
writings, thus would make the aspirant(s) to become eligible to become
invited to face the viva-voce concerned.
64. However, the above argument is overcome by the factum, that
the said is made dependent upon the photocopies of the answers. This Court
has seen the original of the ratings, as made vis-a-vis the answers meted to
the relevant questions, and, has deciphered therefrom, that it has been
incorrectly argued by the learned counsel for the petitioner, that 8 marks
were allotted to the aspirant concerned in respect of the answers concerned,
rather 4 marks are gaugeable therefrom, to become earlier allotted to the said
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
answers by the examiner concerned, and, the said 4 marks becoming
authenticity of this order/judgement
Chandigarh
CWP No. 331 of 2023 (O&M) and other connected cases -32- 2023:PHHC:128349-DB
enhanced to 5 marks. The said corresponds to the total allotted by the
examiner, in the totallings done by him of the marks, as became allotted by
him to the aspirant concerned, to all the answers, as became meted by the
aspirant concerned, to the relevant questions.
65. Consequently, this Court finds no merit in the instant petition,
and, is constrained to dismiss it. Accordingly, CWP-19304-2023, is hereby
dismissed.
Final Order
66. In consequence, CWP-30320-2022, CWP-28498-2022, CWP-
11942-2023, CWP-331-2023, CWP-19304-2023, and, CWP-1078-2023 are
dismissed, whereas, CWP-28484-2022 in terms (supra) stands disposed of.
67. The opinion of the expert concerned, be submitted before the
contesting respondent concerned, but within a period of four weeks from
today, and, thereafter in terms (supra), further action be drawn by the said
respondent.
68. The pending application(s), if any, is/are also disposed of.
(SURESHWAR THAKUR)
JUDGE
(KULDEEP TIWARI)
JUDGE
September 29th, 2023
Gurpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
GURPREET SINGH
2023.10.04 13:26
I attest to the accuracy and
authenticity of this order/judgement
Chandigarh
