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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHEEL NAGU, CJ., SANJIV BERRY
Puneet Aggarwal – Appellant
Versus
Punjab And Haryana High Court – Respondent
JUDGMENT :
SANJIV BERRY, J.
1. Both the aforesaid writ petitions under Article 226 and 227 of the Constitution of India have been preferred by the respective petitioners seeking quashing of the act of respondents in not considering their candidature for the post of Additional District Judge based on the notifications dated 14.11.2023 and 15.11.2023 issued by the respondent High Court, and further seeking writ of mandamus directing respondents to consider their candidature for the said post.
2. In nut shell, the case pleaded by the petitioners in their respective petitions happens to be that the petitioner in CWP-29498-2024 (hereinafter referred to as petitioner-1) had applied for the post of Additional District Judge in the State of Haryana on the basis of notification no. 188 Gaz.I/VI.F.2 dated 15.11.2023, while the petitioner in CWP-3255-2025 (hereinafter referred to as petitioner-2) had applied for the post of Additional District Judge in the States of Punjab as well as Haryana on the basis of respective notifications No. 185 Gaz.I/VI.F.2 dated 14.11.2023 and 188 Gaz.I/VI.F.2 dated 15.11.2023.
2.1 As per the said notifications, the examination comprised of two stages i.e. written te
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.
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....
Court is to presume the correctness of answer key and proceed on that assumption. In the event of any doubt, benefit should go to the examination authority rather than to the candidate.
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....
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