Writ petition challenging fitness declaration in Public Service Commission examination dismissed for non-deposit of Rs.10,000 security fee. Result upheld after administrative re-check confirmed no calculation error.
Petitioner failed to deposit security fee; re-examination confirmed no mistake in result; writ petition dismissed.
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C.W.P. No.12135 of 2009
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No.12135 of 2009 Date of decision:24.08.2009.
Dr. Kumari Sonia Kundu
..Petitioner
Versus
The Haryana Public Service Commission
...Respondent
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
Present: None for the petitioner.
Mr. H.N.Mehtani, Advocate, for the respondent. *****
JASBIR SINGH, J. (ORAL).
On 12.08.2009, this Court passed the following order: -
“Petitioner failed to qualify the written examination only by three marks. It is contention of the petitioner that she faired very well and marks awarded to her do not correspond with the attempt made by her at the time of examination. Counsel states that either some answers have not been marked at all or there is wrong calculation regarding total marks of the petitioner or due to some mistake, mark sheet may have been changed.
Notice of motion for 20.08.2009.
Dasti only.
Secretary, Haryana Public Service Commission is directed to re-examine answer sheets of the petitioner to
C.W.P. No.12135 of 2009
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see whether there is any mistake in adding total marks or whether any question remained unmarked.
The petitioner shall deposit an amount of Rs.10,000/with the respondents forthwith. The Secretary shall put up report on the next date of hearing.”
Shri Mehtani informs this Court that, as directed, petitioner had not deposited Rs.10,000/- with the respondent.
This writ petition is liable to be dismissed on this score alone.
However, Shri Mehtani has put on record a letter dated 22.08.2009, addressed to him by Secretary of Haryana Public Service Commission at Panchkula, wherein it is stated that despite non-deposit of Rs.10,000/- by the petitioner with the respondent, her OMR/answer sheets were checked and on re-checking, result remains unchanged/unaffected as there was no mistake in total marks and no question remained unmarked.
In view of above, this writ petition fails and is dismissed.
August 24, 2009. ( JASBIR SINGH ) vinod JUDGE
3 issues framed by the court
Whether to direct re-examination of answer sheets despite failure to qualify examination.
Whether to dismiss writ petition for non-deposit of security fee.
Whether result stands affected despite initial direction for re-examination.
Dr. Kumari Sonia Kundu
The Haryana Public Service Commission
JASBIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
