Rakesh Kumar v. Haryana Staff Selection Commission

CWP No. 8138-2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C.W.P 8138 of 2019 Date of decision : 23.05.2019 Rakesh Kumar .....Petitioner versus Haryana Staff Selection Commission

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. M.S. Chahal, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) In the present writ petition, the petitioner is seeking quashing of interview notice dated 10.02.2017 and 23.12.2018 (P-5 and P-12 respectively). Further prayer of the petitioner is for issuance of direction to the respondents to revise the answer key after correcting/making the right option is B instead of option No. A of question No. 55 in answer key in question Booklet of Set A on the basis of syllabus of NCERT Book and award the marks for question No. 19 and 55 in booklet for Set A to the petitioner. It is not in dispute that earlier also CWP No. 2737-2017 titled as Sarita vs. State of Haryana and others was filed before this Court regarding questions being not correct. This Court on 13.11.2018 passed the following order in CWP No. 2737-2017:- "Pursuant to direction given by this Court on 12.10.

2018, today an affidavit dated 10/12.11.2018 has been filed in the Court, which is taken on record. As per affidavit, out of 20 questions, 15 have already been answered in favour of the petitioner in the Gaurav Arora 2019.05.

CWP No. 8138-2019 revised answer key. With respect to remaining 5 answers, 4 answers were found to be correct as per the report submitted by the expert committee and with respect to one question i.e question No. 19 in Set A, question No. 6 in Set B, question No. 57 in Set C and question No. 35 in Set D is concerned, the Commission forwarded the objection of candidates to 3rd expert and as per opinion of the expert, the correct answer of question No. 19 in Set A, question No. 6 in Set B, question No. 57 in Set C and question No. 35 in Set D is 'D'.

Since now all the objections of the petitioners have been decided by the Commission, this petition is being disposed of by giving a direction to the respondent-Commission to upload the revised result of the candidates, within a period of four days from today. After uploading the revised result, the candidates who falls within the zone of consideration, they be called for interview for the post of PGT History."

The grievance of the petitioner before this Court is that this Court had revised the answer key (P-11) but question No. 55 was not revised/corrected. The petition is dismissed as this Court had no jurisdiction after the the Expert Committee gave its report after examining all the questions in detail, in view of judgment of Hon'ble the Supreme Court in a case of U.P.P.S.C through its Chairman and another vs. Rahul Singh and another, 2018 (3) SCT 298.

May 23, 2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2019.05.31 17:13 I attest to the accuracy and integrity of this document Chandigarh