Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Punjab Superior Judicial Services Rules 2007 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Punjab Superior Judicial Services Rules, 2007 – Haryana Superior Judicial Services Rules, 2007 – Public employment – Fairness and transparency – Selection process initiated by the respondents for direct recruitment to Punjab Superior Judicial Service/Haryana Superior Judicial Service – Appellant, having not qualified in the written examination filed writ petition raising various objections, dismissed by High Court – Objections raised are in reference to the procedure adopted in holding written examination which as per the appellant is neither fair nor transparent and many infirmities have been committed in the process of selection – Held: To keep transparency in the process of holding examination, particularly in cases where there is a multiple-choice question paper, it is advisable that for such question papers, there shall always be an OMR sheet which may be provided to the candidates so that the question paper can be retained by the participants – After the examination is held, a provisional answer key is to be uploaded inviting objections from the candidates to be furnished within a reasonable time and after collating such objections, the same be placed before a subject expert committee to be constituted by the recruiting/competent authority and after the report is submitted by the expert committee, the same be examined by the recruiting authority and thereafter the final answer key is to be uploaded – No presumption is to be drawn that the result has to be declared, but at least the candidates may be provided the final answer keys to enable them to make their own assessment – Further, in cases where the written examination is followed with interview/viva-voce and the members in the interview board are made aware of the marks secured by the candidates in the written examination that may likely to form bias affecting the impartial evaluation of the candidates in viva-voce and it may always be avoided – On facts, respondents to valuate the marks obtained of question nos. 1, 2, 3 and 5 of Paper V (Criminal Law) (out of total 160 marks) and thereafter, a fresh result of the written examination be declared – Those who qualify and fall in the zone of three times the number of vacancies may be called for viva-voce and result of the selection process be finally declared in accordance with the scheme of 2007 Rules – Impugned judgment set aside. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2022 INSC 881 |
Petitioner | Harkirat Singh Ghuman |
Respondent | Punjab & Haryana High Court & Ors. |
SCR | [2022] 11 S.C.R. 124 |
Judgement Date | 2022-08-29 |
Case Number | 5874 |
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