IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.709 of 2009 (O&M) Date of decision: 12.8.2009 Sudhir Kumar Kataria & others. -----Appellants Vs. Haryana Public Service Commission & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Sanjiv Bansal, Advocate for the appellants. ----- ORDER: 1. The appellants are aggrieved by judgment of the learned Single Judge, dismissing the writ petition seeking a direction to declare the appellants successful in the HCS Preliminary Examination held on 26.4.2009 by allowing them additional marks in the paper of Zoology optional. 2. Case of the appellants was that 14 questions in the paper were wrong either on account of having more than 1 correct choice or all the choices being wrong. 12 questions were from Biochemistry, which was not part of the syllabus and 8 questions were totally out of syllabus. LPA No.709 of 2009 3. Learned Single Judge relying upon judgment of the Hon’ble Supreme Court in L.Lokanadham v. Chairman, Telecom Commission and others 2008(5) SCC 155, held that even if there was some ambiguity, it would have been for an expert body to clear the same and not for the Court. Learned Single Judge held that the appellants were not able to show that any of the questions were incorrect, erroneous or absurd so as to call for interference of the Court. 4. We have heard learned counsel for the appellants. 5. Contention raised on behalf of the appellants is that on their having represented to the Haryana Public Service Commission, the Commission referred the matter to the same paper setter who did not accept the objection of the appellants. The decision of the paper setter was conveyed to the appellants on 3.7.2009, to the effect that no question was out of syllabus and answers to all the questions contained in the key were correct. 6. Learned counsel for the appellants submits that the stand of the respondents was not correct. The matter should have been examined by some other committee. Reliance has been placed on judgment of the Hon’ble Supreme Court in Manish Ujwal and others v. Maharishi Dayanand Saraswati University and others (2005) 13 SCC 744, wherein it was held that where key answers provided in a paper are palpably incorrect, the students should not suffer. In that case, direction 2 LPA No.709 of 2009 for re-evaluation of questions by feeding correct answers was given. 7. We do not find any merit in the contention raised on behalf of the appellants. In the present case, grievance of the appellants has been duly considered by the respondents and the matter was referred back to the paper setter and after consideration, the petitioners were duly informed that there was no error. There is nothing to show that questions were palpably wrong to the extent of having affected the students adversely. Mere fact that as against overall pass percentage of 10%, pass percentage in the paper of Zoology of 5% was not enough to conclusively show error in paper. Thus, we do not find any ground to interfere with the view taken by the learned Single Judge. 8. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE August 12, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 3