Himachal Pradesh High Court
Pankaj Sharma And Others vs State Of Himachal Pradesh And Another on 3 June, 2020
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
1 HON'BLE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.3796 of 2019 Decided on: 03.06.2020 .
Pankaj Sharma and others .............Petitioners Versus State of Himachal Pradesh and another ........Respondents Coram:
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 For the petitioners : Mr. Vinay Sharma, Advocate.
For the respondents
r : Mr. Ashok Sharma, Advocate
General with Mr. Ajay Vaidya, Sr.
Additional Advocate General; Mr. Ranjan Sharma, Mr. Vinod Thakur and Mr. Vikas Rathore, Additional Advocate Generals, for the respondents-State.
Mr. Anshul Bansal, Advocate, for the applicant/Respondent-CBI.
_____________________________________________________________ Jyotsna Rewal Dua, Judge.
Alleging various illegalities and irregularities in the selection process conducted by the respondents for filling up 1195 posts of Patwaris pursuant to the Advertisement dated 06.09.2019, the instant writ petition has been preferred, primarily seeking quashing of the advertisement as well as the 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.::: Downloaded on - 08/06/2020 20:21:00 :::HCHP 2
entire selection process with further prayer for directing respondents-State to conduct fresh selection process for the posts in question.
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2. Following illegalities/irregularities in the recruitment process in question have been pointed out in the writ petition and canvassed by learned counsel for the petitioners, who remained unsuccessful in the recruitment process:-
(i). The State could not have bypassed H.P. r Staff Selection Commission, Hamirpur and asked respondent No.2, i.e. Director Land Records, Himachal Pradesh, to initiate and hold the recruitment process for the posts in question;
(ii). Respondent No.2 did not constitute any
Selection Committee much less a
Committee of Experts for selection of the candidates;
(iii). Respondent No.2 had got prepared the question paper for the 'Patwar Examination-2019', in which, about 45 out of total 100 questions, were copy paste product from previously conducted ::: Downloaded on - 08/06/2020 20:21:00 :::HCHP 3 JBT entrance examinations, which resulted in giving leverage to the candidates who had previously appeared .
in the JBT tests;
(iv). Wrong Examination Center was allocated to many candidates resulting in their missing the exam. A specific example of Examination Center at Government Senior Secondary School (GSSS), Arla r (Palampur), District Kangra, has been quoted, alleging that this center did not exist;
(v). A specific instance of one Roll No.414070 having been issued to two candidates has been cited;
(vi). Candidates at one examination center by the name of Adhunik Public School, Sidhwari (Dharamshala), were given answer-sheets with delay of about 30 minutes. However, no extra time was given to these candidates for completing their answer-sheets; & ::: Downloaded on - 08/06/2020 20:21:00 :::HCHP 4
(vii). Instances of hooliganism at Examination Center, Dheera (Palampur), District Kangra, have been alleged;
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3. Reply to the writ petition has been filed by the respondents-State, on the strength of which, it has been submitted by learned Advocate General that:-
(i). Rule 15-A 1(b) of the Recruitment and Promotion Rules for the posts in question, takes the recruitment process for the r posts of Patwaris outside the purview of H.P. Staff Selection Commission.
Respondent No.2, Director Land Records, is the Competent Authority to initiate the recruitment process as well as to conduct the test for the posts in question.
Previously also, respondent No.2 had been conducting the tests and holding the recruitment process for the posts of Patwaris;
(ii). Pursuant to the approval of State Government, conveyed vide its letter dated 17.08.2019, the advertisement in question was issued on 06.09.2019 for ::: Downloaded on - 08/06/2020 20:21:00 :::HCHP 5 filling up 933 posts of Patwaris in Mohal and 262 posts in Settlement Department.
In all, 1193 examination centers were .
established within the State for conducting the test. The examination was held on 17.11.2019 in a fair and transparent manner. To avoid cheating, question papers had different series as A, B, C & D. Teams of Sub Divisional r Magistrates, Tehsildars and Deputy Superintendents of Police, were deputed in each Sub Division to prevent cheating in examination centers;
(iii). Respondent No.2 had constituted a Committee on 05.10.2019 under the Chairmanship of Director Land Records for smooth conduct of recruitment process;
(iv). The question paper was set up with due diligence and as per Standard Syllabus prescribed under the Recruitment and Promotion Rules;
::: Downloaded on - 08/06/2020 20:21:00 :::HCHP 6(v). Examination Centers were not wrongly allotted. Regarding the specific quoted instance of Center GSSS Arla (Palampur), .
it has been pointed out that Sixty Four candidates were allotted Examination Center at Government Senior Secondary School, Arla, under Sub Division Nagrota Bagwan, Tehsil Baroh, District Kangra.
Twenty nine candidates accordingly r appeared in this examination center. It is negligence on part of the candidates themselves who mistakenly assumed GSS, Arla, Sub Division Nagrota Bagwan, Tehsil Baroh, District Kangra as Government High School Arla (Palampur);
(vi). Inadvertent mistake in issuance of Roll No.414070 to two candidates by the same name, i.e. Rakesh Kumar s/o Sh.
Hem Raj and Rakesh Kumar s/o Sh. Sidhu Ram, had been timely rectified by issuing them separate revised roll numbers.
Consequently, both the candidates ::: Downloaded on - 08/06/2020 20:21:00 :::HCHP 7 appeared in the exam under their revised roll numbers;
(vii). In Examination Center Adhunik Public .
School, Sidhwari (Dharamshala), the exam had started and finished within the prescribed time; &
(viii). In respect of allegation of hooliganism in Examination Center at Asian Public School, Dheera, District Kangra, it has r been submitted that 275 candidates fled from the examination center and took away their OMR sheets. Regarding this, an FIR has already been lodged by the authorities concerned. However, the incident did not disturb the transparency and fairness of the recruitment process.
4(i). All the allegations, levelled in the petition, are factual and have been emphatically denied by the respondents-State by giving cogent and reasonable explanations. There is no complaint of malpractices, corrupt activities or mass copying from any quarter concerned. Some minor discrepancies were timely resolved.
::: Downloaded on - 08/06/2020 20:21:00 :::HCHP 84(ii). Regarding two incidents in District Kangra, the first one pertains to law and order problem created at Examination Center Asian Public School, Dheera, District .
Kangra. To this effect, FIR No.152/2019, dated 17.11.2019, under Section 143, 147, 186 & 341, has already been got registered by Center Superintendent in Police Station, Bhawarna, District Kangra. However, there is no report of leakage of question paper anywhere at any stage. In the second incident, Examination Center at Government Senior Secondary School, Arla, was created for candidates of Nagrota Bagwan Sub Division but on the day of examination, some candidates who were allotted Examination Center GSSS Arla (Nagrota Bagwan), reached at Government High School, Arla (Palampur Sub Division), District Kangra, which was not an examination center. Examination centers were allotted Sub Division wise.
4(iii). In respect of the allegation that in the test held on 17.11.2019, 45 out of 100 questions, were from the question papers of previously held JBT Entrance Examinations, following order was passed in this writ petition on 08.01.2020:-
"On 2.1.2020, we passed the following order:
Record produced by the respondents are ordered to be returned. The petitioner in para-9 of the petition has levelled specific allegations to the effect that 45 questions out of 100 questions were from the examination conducted for the post of JBT. The respondents have avoided to reply to the said averment.::: Downloaded on - 08/06/2020 20:21:00 :::HCHP 9
Therefore, let supplementary affidavit be filed within one week.
In compliance to the aforesaid order, Director of Land Records, has filed his personal affidavit, wherein he has categorically admitted that out of 100 questions in Patwari examination 43 questions were same and matched with questions of TET(DLED/JBT) examination.
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This cannot be a mere coincidence, more particularly, when admittedly there are probably thousands or lacs of questions available in the question bank. Therefore, prima facie we are of the considered view that there has been some mischief in setting up of the paper for patwari examination and the intent behind the same could possibly be to help certain candidate(s). However, this court has no material to draw a conclusion, therefore, it would be necessary to have the entire fact situation investigated by the CBI.
Accordingly, the Superintendent of Police, CBI, is directed to conduct an inquiry being totally uninfluenced by what may have been observed in this order and after carrying out impartial and fair investigation submit his report to this Court before the next date of hearing. List on 8.4.2020.
Let a copy of this order be sent by the registry to r the Superintendent of Police, CBI, Railway Board Building, Shimla, through FAX and registered A.D."
4(iv). Pursuant to the above directions, the Superintendent of Police, Central Bureau of Investigation, has furnished his detailed report in a sealed cover, which we have perused. As per this report, all questions of 'Patwar Examination 2019', conducted on 17.11.2019, have been copied and pasted from previously held TET (D.El.ED/JBT) Entrance Examination in different years. The report clearly elaborates and states that no malafide intention on part of officials, involving in setting the question paper, has been established. Mere factum of some of the participating candidates of 'Patwar Examination-2019', having earlier ::: Downloaded on - 08/06/2020 20:21:00 :::HCHP 10 appeared in TET/JBT entrance tests in different years, will not ipso facto taint 'Patwar Examination-2019', especially when there is neither any allegation nor any report about leakage of .
question paper anywhere. Approximately, 302375 candidates appeared in the 'Patwar Examination-2019'. There is no report from anywhere about use of unfair means or cheating or mass copying in the examination in question.
Allegations of contaminated examination process have not been established. Therefore, we find no merit in the present writ petition and the same is accordingly dismissed.
5. Before parting, we may also observe that assessment tests are one of the ways of selecting/shortlisting the candidates at a recruitment drive. These recruitment tests evaluate the candidates for their knowledge of the subject, aptitude and other skills. Respondent No.2, Director Land Records, Himachal Pradesh, undertakes the recruitment process for filling up hundreds of posts of Patwaris, which are grassroots level revenue posts. From the material available on record, it is apparent that neither there is any Question Bank available with respondent No.2 of its own nor any experts are deputed by it for setting the question paper for the 'Patwar Examination'. It is imperative for respondent No.2 to prepare its own Question Bank according to the syllabus prescribed for ::: Downloaded on - 08/06/2020 20:21:00 :::HCHP 11 the posts in question. A Question Bank specific for the posts in question will lead to comprehensive evaluation of the candidates. It will also reduce the chances of repetition of .
questions in further exams. We, therefore, direct respondent No.2 to prepare its own Question Bank in accordance with syllabus prescribed in the Recruitment and Promotion Rules for the posts of Patwari in accordance with law for conducting the 'Patwar Examinations' in future. The Question Bank so prepared in accordance with law be also regularly updated with the passage of time. We also direct the respondent-State, through its Chief Secretary, to bring this direction to the notice of all such Government Departments/Agencies for compliance, which conduct such like examinations on their own without preparing/possessing a Question Bank of their own. The direction be complied with well before the next recruitment drive(s).
The writ petition stands disposed of, so also the pending miscellaneous application(s), if any.
( Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
June 03, 2020 Judge
(Yashwant)
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