Komal v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (128) Date of Decision : February 29, 2024 Komal .. Petitioner

Versus

State of Haryana and others .. Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:

Mr. Sunil Kumar Bhardwaj, Advocate, for the petitioner. Mr. Harish Nain, Assistant Advocate General, Haryana. HARSIMRAN SINGH SETHI J. (ORAL) 1.

Present petition has been filed for quashing the final result dated 05.02.2024 (Annexure P-11) to the extent that petitioner has not been selected in the final result despite securing higher marks than the last selected candidate in the respective category in which the petitioner is competing.

2.

Learned counsel for the petitioner submits that keeping in view the answer keys, which have been issued by the respondents and the answers given by the petitioner while appearing in the written examination, the petitioner should have been given more marks and should have been within the zone of consideration for appointment. Learned counsel for the petitioner submits that the OMR sheet of the petitioner has not been correctly evaluated by the respondents so as to give her entitled marks,

which has caused prejudice to the petitioner, hence, the respondents are under an obligation to verify as to whether, the petitioner has been given correct marks keeping in view the answers given while attempting the written examination.

3.

Notice of motion.

4.

On the asking of the Court, Mr. Harish Nain, learned Assistant Advocate General, Haryana, who is present in Court, accepts notice on behalf of the respondent-State.

5.

Learned counsel for the respondents further submits that in case, petitioner is of the view that she is actually entitled for more marks than the last selected candidate in the category in which the petitioner is competing or that due to a glitch in the portal, any candidate could not apply but is having more marks than the last candidate, who has been allowed to compete further, they may file representation raising the said claim before the authorities concerned and in case any such claim is raised before the authorities concerned including the claim under decision dated 10.02.2024, the same will be looked into and appropriate order will be passed within a period of 10 days of the receipt of any such claim or before date fixed for written examination for the relevant categories, whichever is earlier. 6.

At this stage, learned counsel for the petitioner submit that she has already filed representation dated 08.02.2024 (Annexure P-13) but the same is pending consideration with the Department, hence, the respondents be directed to decide her representation expeditiously. 7.

Learned counsel for the respondents submits that in case the representation, as being claimed by the petitioner has been submitted for the redressal of her grievance, in case has been received in the office of the concerned authority and is still pending consideration, the same will be

disposed of as undertaken hereinbefore.

8.

Learned counsel for the petitioner submits that keeping in view the said statement of learned State counsel, the present petition may kindly be disposed of as having been not pressed any further. 9.

Ordered accordingly.

February 29, 2024 (HARSIMRAN SINGH SETHI) harsha JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No