Re-evaluation of answer sheets is not permissible in the absence of relevant rules or instructions.

JUDGMENT

Augustine George Masih, J. - This writ petition has been filed by a candidate, who had applied for the post of Civil Judge (Junior Division)-cum-Judicial Magistrate in the Punjab Civil Services (Judicial Branch) Examination-2019 (hereinafter referred to as 'PCS-JB') in pursuance to the advertisement dated 05.04.2019, where out of the 75 posts advertised, 34 were kept for the General Category and remaining 41 were reserved for various other categories. The exam was scheduled to be held in three parts starting with preliminary examination followed by the main written examination and thereafter the viva voce.

2. The preliminary examination was held on 25.08.2019 and the result was declared on 03.10.2019. Petitioner having qualified, appeared in the main written examination vide Roll No.3498. Result was declared on 19.12.2019 of PCS-JB. Petitioner secured 456 marks out of 950 total marks.

Petitioner could not qualify for the interview as she fell 19 marks short of the minimum qualifying marks i.e. 475.

3. Petitioner did not qualify for the 3rd stage of the examination i.e. viva voce. Interview of the qualified candidates was conducted from 10.02.2020 to 13.02.2020. Final cumulative result of all the candidates qualified and unqualified disclosing the individual marks secured by each candidate in each of the five subjects in PCS (JB) main written examination was declared on 14.02.2020.

4. Petitioner filed an application under the Right to Information Act, 2005 (hereinafter referred to as 'RTI Act'), on 24.02.2020 seeking copy of her answer sheet in Criminal Law and Civil Law-I examination, which the petitioner received through registered post on 21.09.2020.

5. Petitioner moved another application under the RTI Act on 22.09.2020 seeking answer sheet of Civil Law-II, English and Punjabi language examination of PCS (JB) (main written examination), which was supplied to her after completing the requisite formalities including the deposit of the fee on 09.12.2020.

6. In the meanwhile, about 36 candidates approached the Hon'ble Supreme Court by filing Writ Petition (Civil) No. 143 of 2020 titled as Navneet Kaur Dhaliwal and others Versus High Court of Punjab and Haryana with a prayer for issuance of a writ of mandamus for directing re-evaluation done of all main written examination of the petitioners, who appeared in the PCS (JB) main examination, by independent expert committee or such re-evaluation of mark sheet on lines as affirmed in Centre for Public Interest Litigation Versus Registrar General of High Court, Delhi 2017 (11) SCC 456. Prayer was also made for issuance of a writ of mandamus directing reduction in the qualifying marks of PCS (JB) main examination 2019. The said writ petition was disposed of by the Hon'ble Supreme Court on 17.12.2020 after taking into consideration the report submitted by Justice A.K. Sikri, former Judge of the Supreme Court in respect of Criminal Law paper and Justice Surinder Singh Saron, former Acting Chief Justice of Punjab and Haryana for the Punjabi paper by observing as follows:-

"We are of the view that the ends of justice can be sub served by directing moderation by increase of marks in both the papers to the extent of 5% in each of the papers.

Naturally this benefit will go across the board so that the people who have already selected are not affected in any manner either in seniority or otherwise.

The result be revised in the aforesaid terms and all eligible candidates be called for interview and the process completed.

Needless to say, that the process should be completed as early as possible.

We are following the course of action as followed in the case of Pranav Verma & Ors. vs. The Registrar General of the High Court of Punjab & Haryana High Court at Chandigarh & Anr (2019) 17 SCALE 731 and are thus fortified by the judicial view taken by this court already in such matters.

We express our appreciation for the assistance rendered by both Justice Sikri and Justice Saron.

The writ petition is acc