Single judge rejected the application to quash the Civil Administrative Tribunal's order dismissing a request for revaluation of a competitive examination answer script under direct recruitment rules.
The petition seeking quashing of the impugned order of the Civil Administrative Tribunal was dismissed.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.11324 of 2013 Date of Decision : May 23, 2013
Hasan Khan
.....Petitioner
versus
Union of India and others
.....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Mr.Rajesh Lamba, Advocate, for the petitioner.
-.-
Surya Kant, J. (Oral)
The petitioner seeks quashing of the order dated 3.10.2012 (Annexure P-10) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, whereby his Original Application seeking revaluation of his assessment in Mathematic paper of written examination conducted by respondent No.1 for recruitment to the post of Postman, has been dismissed.
It is not in dispute that Rule 15 of the Rules Relating to Departmental Examinations (Appendix No.37) in so many words states that “revaluation of answer scripts is not permissible in any case or under any circumstances”.
The Tribunal while dismissing the petitioner's Original Application has observed that in view of the decision of the Hon'ble Supreme Court in Himachal Pradesh Public Service Commission versus Mukesh Thakur and another the
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CWP No.11324 of 2013
prayer for revaluation of the answer scripts cannot be entertained.
We have heard learned counsel for the petitioner and gone through the record.
Even if the petitioner's contention that the Rules Relating to Departmental Examinations are inapplicable in the case of direct recruitment, yet no fault can be found with the view taken by the Tribunal as revaluation of the answer scripts in the competitive examination cannot be made save where the Rule expressly vests such a right. In the absence of any such Rule, no interference with the impugned order is called for.
Dismissed.
(SURYA KANT) JUDGE $ May 23, 2013 (R.P.NAGRATH) Mohinder JUDGE
2 issues framed by the court
Whether revaluation of answer scripts is permissible when Rules do not expressly vest such a right.
Whether the Court should interfere with the PAT's dismissal of the application for revaluation.
Colour shows how this judgement treated each authority
Himachal Pradesh Public Service Commission versus Mukesh Thakur and anotherExplained¶18
Himachal Pradesh Public Service Commission versus Mukesh Thakur and another
Hasan Khan
Union of India
Surya Kant
R.P. Nagrath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
