JUDGMENT

Mr. Tribhuvan Dahiya, J.

CM-11888-2016

For the reasons stated in the application, it is allowed.

Additional affidavit of the petitioner is taken on record, subject to all just exceptions.

Main case

This petition has been filed seeking a writ of certiorari quashing the result of written examination conducted by respondent No.3/Commission on 08.09.2015, Annexure P-3, and the final result published on 27.09.2015, Annexures P-7 and P-8. Further, a writ of mandamus has been sought directing the Commission to revise the result of the written examination by considering the petitioner eligible, and conduct interview afresh in consequence thereof.

2. Facts of the case in brief are, the petitioner applied for the post of Hindi Lecturer (School Cadre) pursuant to advt. no.6/2006 dated 20.07.2006. He possesses the requisite qualification of M.A. in Hindi.

2.1. Selection on the advertised posts was made, except fifty four posts which remained unfilled on account of pending litigation. The same was finally decided by the Supreme Court in Civil Appeal No.4128 of 2012 titled Poonam Rani v. State of Haryana , holding that all unsuccessful candidates who applied pursuant to the aforesaid advertisement be considered afresh for selection against the unfilled fifty four posts of Hindi Lecturer (School Cadre).

2.2. Accordingly, the Commission issued a notification, dated 05.06.2015, inviting online applications. The petitioner applied in response thereto, and took the written examination on 09.08.2015. The result was declared on 08.09.2015, but the petitioner's result was not so declared as his candidature was cancelled.

2.3. In the short reply filed on behalf of respondent No.3, it has been stated that as per instructions in the admit card, any stray mark or smudging of the Optical Mark Recognition sheet (hereinafter referred to as 'OMR sheet') may be taken as wrong answer, and any damage to it may result in disqualification of the candidate. Further, instructions in this regard were announced for the examinees by the Invigilator in the examination hall, and the same were mentioned on the envelope of the question paper and OMR sheet also. The relevant part of the short reply reads as under:

In this regard, it is submitted that for sitting in the examination the candidates are required to download the admit cards from the official website of Haryana Staff Selection Commission, wherein some instructions were inscribed and the same was to be followed by the candidates strictly, Para 6 of the instructions made in Admit Card was as follows:-

"Do not fold or make any stray marks on the OMR Answer-sheet. Any stray mark or smudge on the OMR Answer-sheet may be taken as wrong answer. Any damage to OMR Answer-sheet may result in disqualification of the candidate".

Further, in para 4 of the instructions put on Notice Board and announced in the Examination Hall by the Invigilator were specified as follows:-

"Use of correcting fluid/correcting pens, eraser/blade or any other method on OMR Answer sheet are strictly prohibited. If any candidate is found to have used the same he/she shall be disqualified from the examination".

Furthermore, in para 4 of the instructions on the envelope of the question paper and OMR sheet it was specified as follows:-

"Use of whitener/eraser/fluid is prohibited"

(English translation).

In the undertaking received from the candidates on the OMR sheet there was declaration to be made by the candidates was as follows:-

"I _______(name of the candidate) do hereby declare that I have filled in my name and Roll No. as appears on the admit card. I fully understand an agree that in case I darken wrong ovals or