Punjab-Haryana High Court
Surinder Kumar vs State Of Punjab Etc on 18 June, 2013
Bench: Hemant Gupta, Naresh Kumar Sanghi
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA No. 1121 of 2013 (O&M)
Date of Decision: 18.6.2013
Surinder Kumar .......Appellant
Versus
State of Punjab etc. .....Respondents
Coram: Hon'ble Mr. Justice Hemant Gupta
Hon'ble Mr. Justice Naresh Kumar Sanghi
Present: Shri Ranbir Singh Rawat, Advocate,
for the appellant.
Hemant Gupta, J. (Oral)
The present Letters Patent Appeal under Clause X of the Letters Patent, is directed against the order passed by the learned Single Bench of this Court on 1.5.2013, whereby challenge to the result of the preliminary examinations of the Punjab State Civil Services Combined Competitive Examination, 2012, declared by the Punjab Public Service Commission, partly remained unsuccessful.
The grievance of the appellant is that the answer key of many questions in the objective type preliminary examinations, was not correct, which has materially prejudiced the result. By virtue of such wrong answer key, many candidates have been declared qualified to appear in the mains examination, whereas the appellant has remained unsuccessful.
A perusal of the order passed by the learned Single Bench shows that various contentions, including the scope of judicial review in the matter of examining the answer key to the objective type questions, has been examined in detail. The learned Single Judge has also noticed that the answer key has been examined not only by the LPA No. 1121 of 2013 (O&M) (2) author of the questions, but also by an Expert Body. In view of the said fact, the learned Single Bench found that another exercise to examine the correctness of the answer key, cannot be entertained. Even though such finding was recorded, still the answer key of Question No. 36 of Paper-II was ordered to be corrected and the OMR sheets of all the candidates were ordered to be reevaluated. Even after such reevaluation, the appellant has obviously remained unsuccessful.
Similar issue came up for consideration before a Division Bench of this Court, of which one of us (Hemant Gupta, J) was a member, in the case of Gurmehtab Singh and others v. State of Haryana and others (Civil Writ Petition No.7570 of 2013 decided on 30.4.2013), pertaining to the preliminary examinations for the Haryana Civil Service (Judicial Branch). In the said case, it has been held that the Court will interfere only if there is violation of any enactment, statutory rules and regulations; mala-fide or ulterior motives to assist or enable private gain to someone or cause prejudice to anyone; or where the procedure adopted is arbitrary and capricious.
In view of the principles laid down, we do not find any illegality in the order passed by the learned Single Judge, which may warrant interference in the present Letters Patent Appeal.
Dismissed.
(Hemant Gupta) Judge (Naresh Kumar Sanghi) Judge 18.6.2013 ds