Kamalpreet Kaur v. State Of Punjab And Others
2023:PHHC:072887
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 18.05.2023 Kamalpreet Kaur ....Petitioner
Versus
State of Punjab and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Mr. S.P. Soi, Advocate for the petitioner.
Ms. Shivani Sharma, Dy. Advocate General, Punjab. PANKAJ JAIN, J. (ORAL) By way of instant writ petition filed under Article 226/227 of the Constitution of India, the petitioner prays for issuance of a writ in the nature of certiorari seeking quashing of result dated 23rd of September, 2022, the same being in violation of the rules (Annexure P-8). 2.
While issuing notice of motion, following order was passed :
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+ State Counsel thus does not dispute that the repetition of word(s) cannot be counted as mistake as per the rule applicable and prays for time to seek further instructions.
On his request, adjourned to 30.01.2023."
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Reply by way of affidavit of Harbhajan Kaur, Assistant Director, Language Department, Punjab, Patiala has been filed on behalf of respondent No.4 today in Court which is taken on record, wherein the respondents have taken refuge under Rule 6 to count the repeated words as mistakes. Relevant Rule necessary for adjudication of the controversy in hand reads as under :
"6.
Every word typed wrongly will be counted as one mistake."
4.
The stand of the respondents is misconceived and is in divorce to Rule 1 which reads as under :
"1.
The examination of Punjabi type will be at the speed of 30 words per minute and it is compulsory for the candidate to type 300 words. If the candidate repeats a line/word before typing 300 words then those words will not be counted in 300 words."
5.
The Rule Making Body was conscious of the fact that repeated word does not amount to wrongly typed word and thus a specific provision has been provided under Rule 1 providing for that where any candidate repeats any line/word the same shall not be counted within 300 words. Thus the inference that can be drawn from joint reading of Rule 1 and Rule
6 is that a repeated word would not enure any benefit to the candidate as the same would not be counted within 300 words and at the same time if the word has been typed correctly it would not amount to a mistake. 6.
In view of the above, the counting of 28 repeated words as mistakes by the respondents is set aside. Respondents are directed to publish the result of the petitioner strictly in accordance with the Rules as incorporated hereinabove within a period of four weeks from the date of receipt of certified copy of this order.
7.
Accordingly, the writ petition is allowed.
May 18, 2023 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No