Read Order: MOHIT RATHI v. HARYANA PUBLIC SERVICE COMMISSION  

LE Correspondent

Chandigarh, July 20, 2021: Dismissing a plea seeking rechecking of answer sheets for the 2017 recruitment process of the Haryana Civil Services (HCS) and other Allied Services Examination, the Punjab and Haryana High Court has held that no fault can be found in the petitioner’s result and the domain expertise of the examiners cannot be interfered with.

The High Court also observed that the petitioner having been unsuccessful in his selection in HCS has already been appointed to the post of Assistant Excise and Taxation Officer, in accordance with his merit.

“It is not open for this Court to interfere in the domain expertise and/or the credibility of the examiners in adopting the mode and manner in carrying out the evaluation of the answer-sheets of the candidates. It is best left open to their expert opinion as to which candidate deserves how many marks. As far as un-awarding of any question and/or wrong totalling of the marks is concerned, the same has already been looked into. Therefore, no fault can be found in the result of the petitioner,” held a bench of Justice Arun Monga.

On 08.02.2021, the Secretary, Haryana Public Service Commission, Panchkula, gave a detailed response to the court, stating that in response to the application dated 19.06.2020 submitted by the petitioner, a re-checking of his answer sheets was carried out in the subjects of English and General Studies. Upon re-checking, it was found that there was no mistake in totalling the marks and no question was left un-checked or un-awarded as was the apprehension of the petitioner.

That apart, as per the RTI request of the petitioner, subject-wise total number of candidates who appeared; minimum and maximum marks obtained by all of them in all the papers of Haryana Civil Services (Executive Branch) and other Allied Services Main Examination – 2017, were also supplied to the petitioner.

In the course of the arguments, the counsel for the petitioner canvassed that the petitioner be provided with a report on re-checking of his answer sheets, in support of the assertion that there was no mistake in totalling of the marks and no question was left un-awarded.

“I do not find any grounds to interfere on that front so as to seek another report, reasons are already given in the impugned letter/order itself,” stated the bench.

“Petitioner’s grievance that some of the questions were either unmarked or un-awarded or there was a mistake in totalling stands mitigated. Aforesaid exercise has already been carried out pursuant to his application dated 19.06.2020. It was found after re-checking that there is no mistake on either front. Petitioner is at liberty to invoke the RTI Act, in case, he wants any further information arising out of re-checking. It is not for the Writ Court to interfere under extraordinary constitutional jurisdiction,” held the high court.

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