LPA No. 474 of 2020 (O & M) and other connected matters

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

LPA-474-2020 (O & M)

RA-LP-4-2021 in/and LPA-474-2020 (O & M)

LPA Nos. 433, 519 of 2020 (O & M)

LPA-648-2022 (O & M)

Reserved on: 24.08.2022

Date of Decision:

28.09.2022

All India Council for Technical Eductation ....Appellant(s)

Versus

Jatinder Singh and others

....Respondent(s)

LPA No. 433 of 2020 (O & M)

Davinder Singh and others

....Appellant(s)

Versus

State of Punjab and others

....Respondent(s)

LPA No. 519 of 2020 (O & M)

Raj Pal

....Appellant(s)

Versus

State of Punjab and others

....Respondent(s)

LPA-648-2022 (O & M)

Kamal Sharma and others

....Appellant(s)

Versus

State of Punjab and others

....Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

HON'BLE MR. JUSTICE VIVEK PURI

SHIVANI GUPTA

2022.09.29 15:56

I attest to the accuracy and

integrity of this document

LPA No. 474 of 2020 (O & M) and other connected matters

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Present:

Mr. Sunil Chadha, Senior Advocate,

with Mr. Akshay Chadha, Advocate,

Ms. Devyani Sharma, Advocate,

for the appellants (in LPA No. 474 of 2020)

and for respondent No.3 (in LPA Nos. 433 and 519 of 2020).

Mr. Gurminder Singh, Senior Advocate,

with Ms. Harpriya Khaneka, Advocate,

for the appellants (in LPA No. 433 of 2020).

Mr. Rajiv Atma Ram, Senior Advocate

with Mr. R.S. Kalra, Advocate and

Mr. Randeep Singh Smagh, Advocate

for the appellants (in LPA No. 519 of 2020).

Mr. Neeraj Gupta, Advocate for the appellant (s)

(in LPA-648-2022).

Mr. Aalok Jagga, Advocate and

Mr. Harkirat S. Jagdev, Advocate

for respondent No.5 (in LPA Nos. 433 and 519 of 2020).

Mr. Rohit Ahuja, DAG, Punjab.

Mr. Salil Sabhlok, Advocate, for the respondent-UGC.

Mr. Parminder Singh, Advocate, for the respondent-PSPCL.

Mr. Pushpinder Kaushal, Advocate for respondent Nos.14, 17,

18, 19, 23, 26 & 27 (in LPA No.433 of 2020).

G.S.SANDHAWALIA, J.

1.

The present judgment shall dispose of LPA Nos. 433, 474 and

519 of 2020 (O & M) and LPA-648-2022 (O & M) and RA-LP-4-2021 in

LPA-474-2020 as common questions of facts and law are involved in all the

matters. RA-LP-4-2021 has been filed against the interim order dated

29.01.2021 vide which CM-201-LPA-2021 had been dismissed in LPA No.

474 of 2020.

2.

The said LPAs all stem out from the order of the learned Single

Judge passed in CWP No. 28211 of 2018, Jatinder Singh and others vs.

State of Punjab and others, which was allowed on 07.01.2020. The

SHIVANI GUPTA

2022.09.29 15:56

I attest to the accuracy and

integrity of this document

LPA No. 474 of 2020 (O & M) and other connected matters

3

appellants herein including the All India Council for Technical Education

(in short 'the Council') and the other appellants are aggrieved against the

finding of the learned Single Judge wherein, the writ petition was allowed

and the action of the Council in changing the modality/yard stick after the

conduct of the examination was held to be bad in law. Resultantly, public

notice dated 20.06.2018 (Annexure P-6) was quashed and the subsequent

result declared on 27.07.2018. The Council was directed to re-compute the

result of the examination as per the modality and the yard stick contained in

its public notice dated 25.01.2018 (Annexure P-5). Further directions were

given that while re-computing the result, the benefit of additional marks for

the discrepant questions would only be confined to the candidates who had

attempted the same and, therefore, it was directed that the exercise be

completed and revised and result be notified within a period of 4 weeks.

The same was apparently in view of the fact that the learned Single Judge

found that the change in mod