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Punjab-Haryana High Court

Vikas Gupta vs The Punjab State Power Corporation ... on 7 April, 2014

Author: Sabina

Bench: Sabina

                     In the High Court of Punjab and Haryana at Chandigarh
           245
                                         Date of decision: 7.4.2014

                                         CWP No. 3316 of 2014

           Vikas Gupta                                           ......Petitioner
                                    Versus


           The Punjab State Power Corporation Limited and another

                                                               .......Respondents

                                         CWP No. 3415 of 2014

           Gurjeet Singh                                         ......Petitioner
                                    Versus


           The Punjab State Power Corporation Limited and another

                                                               .......Respondents

                                         CWP No. 3438 of 2014

           Surjan Singh                                          ......Petitioner
                                    Versus


           The Punjab State Power Corporation Limited and another

                                                               .......Respondents

                                         CWP No. 3582 of 2014

           Ankush Goyal                                          ......Petitioner
                                    Versus


           The Punjab State Power Corporation Limited and another

                                                               .......Respondents

                                         CWP No. 3745 of 2014

           Navdeep Singh                                         ......Petitioner

                                    Versus

           The Punjab State Power Corporation Limited and another

Devi Anita
                                                               .......Respondents
2014.04.11 15:27
I am approving this document
Chandigarh
            CWP No. 3316 of 2014                            -2-


           CORAM: HON'BLE MRS. JUSTICE SABINA

           Present:            Mr. Angel Sharma, Advocate,

                               Mr.R.S.Pandher, Advocate,

                               Mr.Saurabh Arora, Advocate,

                               Mr.Pradeep Goyal, Advocate,

                               Mr.S.S.Gurna, Advocate,
                               for the petitioner.

                               Mr.Alok Jain, Advocate,
                               for the respondents.

                               ****

           SABINA, J.

Vide this order, above mentioned five petitions would be disposed of as the controversy involved in all the cases is same.

Petitioners have filed these petitions seeking a direction to the respondents to refer the matter to an Expert Committee, which may be a committee of independent and un-biased experts to consider all the questions raised by the petitioners in the present petitions, the answers qua which had been wrongly mentioned in the revised/final answer keys and re-evaluate the answer sheets of the petitioners and declared the result of the written examination conducted for the post of Assistant Engineer (Civil).

On 18.3.2014, following order was passed by this Court:-

"Learned Counsel for the respondents/PSPCL has filed a short affidavit dated 14.03.2014 of Sh. Rakesh Kumar Bawa, Deputy Secretary (Recruitment), PSPCL, Patiala in CWP No.3316 of 2014 but relates to issue raised in all Devi Anita 2014.04.11 15:27 I am approving this document Chandigarh CWP No. 3316 of 2014 -3- writ petitions. Copy of the same has been furnished to all the Counsel for the petitioners. Taken on record. Registry to place and paginate the same.
In the said affidavit dated 14.03.2014 the outcome of the Re-examination of the disputed Answer keys relating to certain stated questions in respect of Civil, Electronics and Communication and Mechanical streams has been compiled and furnished as Annexures R-1 to R-3 respectively.
No doubt this Court in exercise of writ jurisdiction is ordinarily not required to make a roving and indepth examination of finding of fact determined by experts, however, after minutely perusing the respective material relating to different subjects placed on record and hearing the rguments on behalf of the counsel for the petitioners and the PSPCL, it emerges that there are certain Answer keys relating to certain questions in the respective subjects streams still need to be Re-examined since the appointment to the posts is solely on the basis of the merit secured by the petitioners in the said written examination. Accordingly to lend fairness and respect to the procedure of examination and to allay any sort of apprehension regarding the still disputed Answer keys, this Court deems it appropriate to have the Answer keys of the following questions re-examined by a panel of three Devi Anita Experts, in the light of the material placed by the 2014.04.11 15:27 I am approving this document Chandigarh CWP No. 3316 of 2014 -4- petitioners on record:-
(i) For the post of Assistant Engineer(Civil)-Question Nos.37 & 40 Booklet-C
(ii) For the post of Assistant Engineer (Electronics & Communication)-Question nos.37 & 18 & General question No.87, which is common for all the three streams but with different number in different Booklets.
(iii) For the post of Assistant Engineer (Mechanical)-

Question No.55-Booklet-A. List on 07.04.2014 for further consideration. Photocopy of this order be placed on the files of connected cases."

Learned counsel for the respondents has submitted that in pursuance to the said order the answer keys have been re- examined by the three experts. Now the result would be re- evaluated in view of the moderated answer keys of the alleged questions by the three experts and the matter will be further proceeded in accordance with the revised results.

In these circumstances, these petitions are rendered infructuous and are disposed of accordingly.

(SABINA) JUDGE April 07, 2014 Devi Anita anita 2014.04.11 15:27 I am approving this document Chandigarh