This common order quashed orders rejecting objections to answers of a departmental examination for promotion. The court held that petitionsers were denied a personal hearing and rejected in a cryptic manner; the matter is remitted for fresh decision by affording a hearing within 60 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2024:CGHC:35179
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 5052 of 2018
Ku. Kalyani Vijay Laxmi Banjare D/o Shree Taplal Banjare, Aged About 35 Years R/o Room No. 75, Sector-1, Kashiram Nagar, Raipur (Chhattisgarh)., District : Raipur, Chhattisgarh
---- Petitioner
versus
1 - State Of Chhattisgarh Through- Its Secretary, Finance Department, Naya Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2 - Director, Directorate Of Treasury Account And Pension, Indravati Bhawan, Block- A, First Floor, Naya Raipur, District- Raipur Chhattisgarh.
3 - Additional Director, Directorate Of Treasury Account And Pension, Indravati Bhawan, Block- A, First Floor, Naya Raipur, District- Raipur Chhattisgarh.
---- Respondents
with
WPS No. 5183 of 2018
Suresh Kumar Dwivedi S/o Shri Tulsi Ram Dwivedi Aged About 43 Years Sub Inspector (A) In Office Of Police Headquater, Naya Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
---- Petitioner
Versus
1 - The State Of C.G. Through Secretary Finance Department Mahanadi Bhawan Naya Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
2 - Directorate Treasury Account And Pension Department 1st Floor Block A Indrawati Bhawan Nay Raipur, Chhattisgarh
3 - Accountant General (Lekha/hakdari) Vidhan Sabha Road Zero Point Raipur, Chhattisgarh
---- Respondents
with
WPS No. 5528 of 2018
Naresh Kumar Hedau S/o C.D. Hedau Aged About 44 Years Assistant Grade - Iii, R/o Q. No. H-16, Panchsheel Nagar, Civil Lines, Behind Chhattisgarh Club, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Petitioner
Versus
1 - The State Of Chhattisgarh Through Secretary Finance Department Mahanadi
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Bhawan, Naya Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2 - Directorate Treasury Account And Pension Department 1st Floor Block A Indirawati Bhawan Naya Raipur Chhattisgarh.
3 - Accountant General (Lekha / Hakdari) Vidhansabha Road Zero Point Raipur Chhattisgarh.
Respondents
with
WPS No. 6809 of 2018
Girish Kumar Sen S/o Shree Late Lakhan Lal Sen Aged About 34 Years R/o House No. 322, M I G , Sec-1, Pandit Dendayal Upadhayay Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Petitioner
Versus
1 - State Of Chhattisgarh Through Its Secretary Finance Department Naya Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2 - Director Directorate Of Treasury Account And Pension, Indravati Bhawan, Block A First Floor, Naya Raipur, Raipur Chhattisgarh.
3 - Additional Director Directorate Of Treasury Account And Pension, Indravati Bhawan, Block- A First Floor, Naya Raipur, Raipur Chhattisgarh.
Respondents
with
WPS No. 6901 of 2018
Naresh Ram S/o Late Mohar Sai Aged About 40 Years Working As Assistant GradeI I , Treasury Office- Balrampur, Presently Posted At Sub Treasury OfficeRamanujganj, District- Balrampur- Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh
---- Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2 - Director Treasury , Account And Pension, Indrawati Bhavan, Mantralaya, Naya Raipur, District- Raipur Chhattisgarh.
3 - Account General Office Of The Accountant General, Chhattisgarh, Zero Point, Baloda Bazar Road, Post Office Vidhan Sabha, Raipur, District Raipur Chhattisgarh.
Respondents
with
WPS No. 6826 of 2018
Dashrath Lal Kanwar S/o Late Panchram Kanwar Aged About 45 Years Working As Assistant Grade - Ii, Department Of Irrigation, Presently Posted At Rampur, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh
---- Petitioner
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Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh
2 - Director Treasury, Account And Pension, Indrawati Bhawan, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.,
3 - Account General Office Of The Accountant General, Chhattisgarh, Zero Point, Baloda Bazar Road, P.O. Vidhan Sabha, Raipur, District Raipur Chhattisgarh.
---- Respondents
with
WPS No. 8009 of 2018
Amar Singh Bisen S/o Late Shri Ramprasad Singh Bisen, Aged About 52 Years R/o Ward No. 1, Amapara, Rajim, Teh- Rajim, District Gariyaband, Chhattisgarh, District : Gariyabandh, Chhattisgarh
---- Petitioner
Versus
1 - State Of Chhattisgarh Through Its Secretary, Finance Department, Mahanadi Bhawan, Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2 - Directorate Of Treasury, Accounts And Pension, Through Its Director, Indravati Bhawan, Block-A, First Floor, Atal Nagar, Raipur Chhattisgarh
3 - Additional Director, Directorate Of Treasury, Accounts And Pension, Indravati Bhawan, Block-A, First Floor, Atal Nagar, Raipur Chhattisgarh
4 - Accontant General (A And E) Chhattisgarh, Baloda Bazar Road, Zero Point, Raipur, District Raipur Chhattisgarh
---- Respondents
with
WPS No. 6902 of 2018
C.L. Sandhilya S/o Shri Hariram Sandhilya, Aged About 49 Years Working As Assistant Grade-Iii, Water Resource Division, Baikunthpur, District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh
---- Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2 - Director, Treasury, Account And Pension, Indrawati Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh
3 - Account General, Office Of The Accountant General, Chhattisgarh, Zero Point, Baloda Bazar Raod, P.O. Vidhan Sabha, Raipur, District Raipur Chhattisgarh
---- Respondents
with
WPS No. 858 of 2019
D.K. Singh S/o Late Shridheer Singh Aged About 53 Years Presently Posted As
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Assistant Grade-Ii At Office Of The Collector (Land Records) Bastar (C.G.), R/o Avantika Clony Quarter No. F/1 Jagdalpur, District- Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh
---- Petitioner
Versus
1 - State Of Chhattisgarh Through Its Secretary Finance Department Naya Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
2 - Director Directorate Of Treasury Account And Pension Indravati Bhawan, BlockA First Floor, Naya Raipur, District- Raipur, Chhattisgarh.
3 - Additional Director Directorate Of Treasury Account And Pension Indravati Bhawan, Block-A First Floor, Naya Raipur, District- Raipur, Chhattisgarh.
---- Respondents
with
WPS No. 1077 of 2019
Puran Lal Tati S/o M.R. Tati Aged About 37 Years Presently Posted As Assistant Grade - I, At District Treasury, District Sukma, R/o Village - Balood, District And Tahsil Dantewada Chhattisgarh, District : Dantewada, Chhattisgarh
Petitioner
Versus
1 - State Of Chhattisgarh Through Its Secretary, Finance Department Naya Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2 - Director Directorate Of Treasury Account And Pension, Indrawati Bhawan, Block - A, First Floor, Naya Raipur, Raipur Chhattisgarh.
3 - Additional Director Directorate Of Treasury Account And Pension, Indrawati Bhawan, Block - A, First Floor, Naya Raipur, Raipur Chhattisgarh.
---- Respondents
with
WPS No. 1454 of 2019
Samru Ram Markam S/o Asha Ram Markam Aged About 40 Years Working As Assistant Grade - I, Government College, Keshkal, District Kondagaon, Chhattisgarh., District : Kondagaon, Chhattisgarh
---- Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Finance, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2 - Director Treasury, Account And Pension, Indrawati Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.
3 - Account General Office Of The Accountant General, Chhattisgarh, Zero Point, Baloda Bazar, Road, P.O. Vidhan Sabha, Raipur, District Raipur Chhattisgarh.
---- Respondents
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with
WPS No. 7932 of 2019
Jagannath Prasad Sao S/o Shri Bhagwat Prasad Sao Aged About 46 Years R/o G- 3, Board Office Campus, Pensionbada, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
---- Petitioner
Versus
1 - State Of Chhattisgarh Through Its Secretary, Finance Department, Mahanadi Bhawan, Nava Raipur Atal Nagar, Distrcit Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2 - Directorate Of Treasury Accounts And Pension, Through Its Director, Indravati Bhawan, Block A, First Floor, Nava Raipur Atal Nagar, Raipur Chhattisgarh.
3 - Additional Director Directorate Of Treasury, Accounts And Pension, Indravati Bhawan, Block -A, First Floor, Nava Raipur Atal Nagar, Raipur Chhattisgarh.
4 - Accountant General (A And E), Chhattisgarh, Baloda Bazar Road, Zero Point, Raipur, District Raipur, Chhattisgarh.
---- Respondents
with
WPS No. 6863 of 2018
Jai Singh Sandhilya S/o Shri Hariram Sandhilya Aged About 46 Years Working As Assistant Grade- I, District Treasury Office- Balrampur, District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh
---- Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Finance , Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2 - Director Treasury, Account And Pension, Indrawati Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.
3 - Account General Office Of The Accountant General, Chhattisgarh, Zero Point, Baloda Bazar Road, Post Office Vidhan Sabha, Raipur, District Raipur Chhattisgarh.
---- Respondents
| For Petitioners | : Mr. Abhishek Vinod Deshmukh, Advocate Mr. Shobhit Koshta, Advocate Mr. Harshmander Rastogi, Advocate along with Ms. Nidhi Yadav, Advocate |
|---|---|
| For Respondents | : Mr. Satish Gupta, G. A.(State) Mr. Raj Kumar Gupta, Advocate**(O/o Accountant General)** |
Hon’ble Shri Justice Rakesh Mohan Pandey
Judgment On Board
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10/09/2024
1. The above captioned Writ Petitions involve common questions of law and facts therefore, they were heard together and are being disposed of by this common order.
2. In these petitions, the petitioners have prayed for a direction to the respondent authorities to grant the benefit of marks against four questions and further declare the result afresh. It is also prayed that the petitioners may be granted promotion w.e.f. 20.12.2017 i.e. the date on which the result was declared.
3. The facts, in a nutshell, are that the petitioners were holding the post of AG-II in various departments and were discharging the duties of accountants in their respective departments. The Accountants, who had passed the Sub-ordinate Accounts Service (Departmental) Exam Part I could participate in the limited departmental examination of Part II. In this regard, an advertisement was issued on 27.04.2017. The Petitioners, who were eligible, participated in the limited departmental examination which was scheduled between 08.08.2017 and 14.08.2017. The syllabus for the said examination was also issued by the Additional Director, Directorate of Treasury, Accounts & Pension. The candidates had to appear in five papers. After the written examination, the model answer key was published and the result was declared on 20.12.2017. The Petitioners could not qualify as they secured lesser marks than the selected candidates. The Petitioners raised objections before the competent authority on the following dates:-
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| Petitioners | Date of Representation(s) |
|---|---|
| Ku. Kalyani Vijay Laxmi Banjare |
19.06.2018 |
| Suresh Kumar Dwivedi | 03.05.2018 & 09.04.2018 |
| Naresh Kumar Hedau | 12.04.2018, 02.05.2018 & 09.05.2018 |
| Girish Kumar Sen | 26.04.2018 & 21.05.2018 |
| Dashrath Lal Kanwar | --------------- |
| Jai Singh Sandhilya | --------------- |
| Naresh Ram | --------------- |
| C.L. Sandhilya | --------------- |
| Amar Singh Bisen | 05.03.2018,23.03.2018, 05.04.2018, 11.06.2018 & 31.10.2018 |
| Puran Lal Tati | --------------- |
| D.K. Singh | --------------- |
| Samru Ram Markam | 29.11.2018 |
| Jagannath Prasad Sao | --------------- |
Specific objections were raised regarding questions 2(A), 4(iv), 6(A) & (B) carrying 10 marks each in Paper V - कम्पनीलेखे, एवंस्टोर निनयंत्रण (स्नातकस्तर). Disputed questions are reproduced herein below:-
Question 2(A)
On 1st January 2008 Santosh limited issued 20000 5% debenture for 10 year for 100 year of Rs. 100 on the condition that debenture could be redeemed by the company at a premium of 2% by Giving 6 month notice at any time after 5 year either by payment of cash or by allotment of shares or by other debenture according to the option of the debenture holder on 1st march 2013 Santosh Limited informed to the debenture holders about redemption of the debentures on 1st September 2013 either by cash or by allotment of 8% preferences shares of Rs. 100 each at Rs. 120 per share or by issuing 4% debentures of Rs. 100 each at Rs 98 each. Holder 4000 debenture accepted 8% preferences share. Holder of 9800 debentures accepted the 4% debenture rest claimed each. Pass necessary Journal entries for the redemption of
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debenture for the redemption of debentures in the books of Santosh Limited
Question 4(iv)
कंपनीकाअवसायनएवंनि�वाला (परिरमापन)
Question 6(A)
X लिलनिमटेडकाजनरेटरसेटहैऔरवहइससेपॉवरउत्पानि�तकरताहै। पावरलागतकेआंकड़ेनिनम्नप्रकारहै:
| हास*पावरघंटे | उत्पा�नि | ्निवभाग | सेवानिवभाग |
|---|---|---|---|
| A B | X Y | ||
| क्षमताउत्पा�न | 10000 | 20000 | 12000 8000 |
| जुलाईकेमाहमेंउपयोग | 8000 | 13000 | 7000 6000 |
जुलाईकेमाहमेंपावरउत्पानि�तकरनेकीलागत 9300 रुथीजिजसमेसे 25 रुकीस्थिस्थरलागतमानीगयी।सेवानिवभाग X 13:6:1 में A और B कोसेवाएंप्र�ानकरताहैजबनिक Y निवभाग A और B को 31:3 मेंसेवाएं प्र�ानकरताहै I A और B निवभागमेंप्रत्यक्षश्रमलागत 1650 घंटेऔर 2175 घंटेनि�एगएहै।इन�ोनोंनिवभागमेंप्रत्यक्षमेंप्रतितश्रमघंटापावर लागतज्ञातकीजिजये।
Question 6(B)
सामान्यक्षयस्क्रैपकेरूप 10 प्रतितशतहैजो 5 रुप्रतितइकाईकी�रसेबेचा जाताहैA शेषइकाइयोंकीलागतज्ञातकीजिजयेऔरखता�शा*इए A.
This Court vide order dated 01.09.2022 directed the respondents to constitute a committee to examine the question Nos. 2(A), 4(iv), 6(A) & (B) and their answers. The report of the expert committee has been filed as an additional affidavit on 15.12.2022. According to the report of the expert body, it is apparent that the answer to Question 2(A) was partially incorrect but it could have been solved by the candidates. In question 4, the word "अवसायन" was used which is a synonym of "परिरसमापन”. In English, its meaning is “liquidation”. For
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question 6(A), the expert body has stated that answers to questions 6(A) & (B) could be answered by the participants.
4. Learned counsels appearing on behalf of the respective petitioners jointly submit that question Nos. 1 to 7 were not as per the syllabus. It is further submitted that the questions as well as their answers in the model answer key were incorrect and this fact was brought to the notice of the respondent authorities but the same was not considered for the reasons best known to them. They also submit that objections raised were rejected in a cryptic manner without assigning sufficient reason. They contended that the petitioners require a personal hearing before such authority to explain the lacunae in the aforementioned questions and their answers. They pray that the orders passed by the Additional/Joint Director, Directorate of Treasury, Accounts & Pension, Raipur deserve to be quashed and the petitioners may be considered for promotion after publication of fresh results.
5. On the other hand, the learned counsels for the respective respondents oppose. They submit that this Court has no jurisdiction to entertain these petitions as the High Court is not an expert body to examine the veracity of the questions and their respective answers. They further submit that pursuant to a direction issued by this Court, an expert Committee was constituted and the issue has already been decided, therefore these petitions are liable to be dismissed.
6. I have heard learned counsel appearing for the parties and perused the documents placed on the record.
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7. From a perusal of the objections raised by the petitioners, it is apparent that some of the questions and their answers, as alleged are not correct. It is also alleged that question Nos. 1 to 7 were not as per the syllabus published by the respondent authorities. The objections raised by the petitioners have been rejected in a cryptic manner without assigning sufficient reason, therefore, without commenting anything on the merits of the case, the orders passed by the competent authority whereby the objections raised by petitioners have been rejected are hereby quashed and the matter is remitted back to the authority to decide the objections raised by the petitioners afresh after affording a personal hearing to the petitioners. The authority concerned is also directed to pass an appropriate order in an objective manner within an outer limit of 60 days from the date of receipt of a copy of this order.
8. It is made clear that any earlier order passed by the respondent authorities would not come in the way of deciding the representations/ objections of the petitioners.
9. With the aforesaid observation(s) & direction(s), these petitions stand disposed of .
Sd/Rakesh Mohan Pandey JUDGE
Ajinkya
3 issues framed by the court
Whether the High Court can quash orders rejecting objections regarding questions and answers in a departmental examination without examining merits.
Whether petitioners are entitled to a personal hearing before the authority deciding their objections to the examination results.
Whether the order rejecting objections failed to assign sufficient reasons for the rejection.
Ku. Kalyani Vijay Laxmi Banjare
State Of Chhattisgarh
Suresh Kumar Dwivedi
Naresh Kumar Hedau
Girish Kumar Sen
Dashrath Lal Kanwar
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
