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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LISA GILL, RITU TAGORE, JJ.
Malwinder Singh & Ors. – Petitioners
Versus
Punjab Public Service Commission & Ors. – Respondents
CWP NO. 18378 of 2023
Decided On : 28-09-2023
| Table of Content |
|---|
| 1. challenge to examination advertisement provisions. (Para 1 , 2 , 3) |
| 2. arguments on the unjust nature of re-checking timings. (Para 10 , 12) |
| 3. court's reiteration of existing rules on revaluation. (Para 21 , 26) |
| 4. final dismissal ruling of the writ petition. (Para 32) |
JUDGMENT
Mrs. Lisa Gill, J.
Prayer in this writ petition is for setting aside Clause 11 of advertisement dated 06.09.2022 inviting applications from eligible candidates of Punjab Civil Services (Judicial Branch) Examination, 2022 ('PCS(JB) 2022' - for short) for appointment to 159 posts of Civil Judge (Junior Division)-cum-Judicial Magistrate, to the extent that re-checking of answer sheets has been allowed only after thirty (30) days from dispatch of mark sheet or display of marks despite declaration of result of the main written examination by way of release of roll numbers of provisionally qualified candidates and not declaration or display of marks of the selected candidates. There is a further prayer for a direction that provision of re-checking must mean re-examination/revaluation of the subjective answers and should not be restricted to mere re-totalling of marks. A direction is sought for immediate re-checking of answer sheets of the main written examination as requested by the petitioners by way of complete re-examination.
2. Brief facts necessary for adjudication of the matter are that advertisement dated 06.09.2022 (Annexure P1) was issued inviting Online Application Forms from eligible candidates of PCS(JB) 2022. Applications were invited for appointment to 159 posts of Civil Judge (Junior Division)- cum-Judicial Magistrate. Category-wise breakup of the posts is detailed in the said advertisement.
3. As per Clause 3 of advertisement dated 06.09.2022 (Annexure P1) examination would be conducted in three stages i.e.
4. Clause 3.4 and 3.5 of advertisement dated 06.09.2022 dealing with the main examination and viva-voice read as under:-
| Paper | Syllabus | Maximum Marks |
| Paper-I (Civil Law) | Code of Civil Procedure, Punjab Courts Act, Indian Contract Act, Indian Sales of Goods Act, Indian partnership Act, Specific Relief Act, Transfer of Property Act 1882, East Punjab Urban Rent Restriction Act 1949 and Indian Evidence Act 1872. | 200 |
| Paper-II (Civil Law) | Hindu Law, Mohammedan Law and Customary Law, Law of Registration and Limitation | 200 |
| Paper-III (Criminal Law) | Indian Penal code, Criminal Procedure Code and Indian Evidence Act. | 200 |
| Paper-IV (English Language) | English Essay (1000-1100) words, Precis, Words and Phrases (make sentences of the given words and phrases), Comprehension, Corrections. | 200 |
| Paper-V (Punjabi Language) | Punjabi in Gurmukhi Script. | 150 |
The court established that 're-checking' of examination papers does not equate to 're-evaluation', clarifying that procedural rules govern the reevaluation process to maintain the integrity of select....
The main legal point established in the judgment is that re-evaluation of answer sheets is impermissible as per the advertisement and relevant rules. The court emphasized the importance of uniform ma....
The court upheld the evaluation process of examination papers, stating that without statutory provision for re-evaluation, it cannot interfere unless a clear material error is demonstrated.
Candidates cannot challenge recruitment processes post-results without demonstrating legal injury or material error affecting their outcomes.
Re-evaluation of answer sheets is not permissible in the absence of relevant rules or instructions.
Point of Law : Practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in relevant rules for re-evaluation and tha....
Supreme Court did not give a blanket order for allowing any candidate to approach the Court for re-evaluation at any point of time and restricted relief to those candidates who had approached the Cou....
Selection into Judicial Service – Disclosure of marks in main examination before it is finalised and viva-voce conducted, would be against principles of transparency, rather it will invite criticism ....
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