(Sanjay Kishan Kaul and Hrishikesh Roy, JJ.)
Navneet Kaur Dhaliwal and Others ___________________ Petitioner(s);
v.
Registrar General of the High Court of Punjab and Haryana at Chandigarh and Another _________________________ Respondent(s).
Writ Petition(s) (Civil) No(s). 143/2020, decided on November 3, 2020
(IA No. 102903/2020 – Intervention Application IA No. 16093/2020 – Intervention/Impleadment IA No. 10684/2020 – Stay Application)
Writ Petition(s) (Civil) No(s). 143/2020; IA No. 102903/2020; IA No. 16093/2020; and IA No. 10684/2020
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties. We propose to pass an order to satisfy our judicial conscious in the given scenario where only 28 people have been recruited in pursuance to an examination process where 75 vacancies existed.
2. We accept the suggestion made by learned counsel for the petitioners and not seriously disputed by learned senior counsel for the High Court that as a sample, the first 10 candidates who did not clear the examination, their papers in the two subjects in question i.e. Criminal Law and Punjabi be sent for re-checking. Since the problem relates to these two subjects, we are of the view that we should also send papers of the first 10 candidates who failed to obtain the minimum marks in those subject papers and there may be overlapping in this scenario.
3. It is also agreed that the Criminal Law papers be sent to Hon’ble Justice A.K. Sikri, Retired Judge of this Court and to Justice Surinder Singh Saron, former Acting Chief Justice, Punjab & Haryana High Court for Punjabi. The marks to be assigned may give us an impression of the broad trend whether the overall marking has been strict beyond expected levels or the assessment is fine and whether there is a requirement of re-marking of all papers once again in these two subjects excluding of course those people who already stand recruited. We would also consider whether in such a scenario any other appropriate action like grant of grace marks could meet the ends of justice.
4. The High Court to take necessary steps to send the requisite papers and the result be computed and submitted to us along with previous marks. The papers be sent to the Hon’ble Retired Judges within two weeks from today and we thank them in advance for assisting us.
5. List for further directions on 17.12.2020.
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