IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 2902 of 2009 Date of Decision: 29.4.2009. Nachhatar Singh --Petitioner Versus Registrar, Punjab & Haryana High Court, Chandigarh and another --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. M.S. Khaira, Sr. Advocate with Mr. Dharminder Singh, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) The petitioner applied for P.C.S. (Judl. Branch) pursuant to the advertisement dated 7.3.2007. The examination was initially scheduled to be held on 15.5.2007 and later on it was postponed to 27.5.2007. The petitioner applied as a Scheduled Caste candidate bearing code No. 77. On scrutiny of his application, the Punjab Public Service Commission allotted him the Roll No. 1284 and also issued an Admit Card. The petitioner appeared in the Judicial Examination held by the PPSC. It is stated that the petitioner secured 57 marks out of 200 in Criminal Law. It is alleged that on the basis of the performance in the exam, he was sure to secure more than 66% marks, the minimum prescribed for passing the examination. It is alleged that the petitioner has not been awarded the marks as per the performance and there is some mistake in the totalling of marks or otherwise. On account of securing less than 33% marks in the paper of Criminal Law the petitioner was not interviewed. Petitioner has accordingly filed the present petition seeking a direction for the re-totalling of the marks in the paper of Criminal Law. CWP. No. 2902 of 2009 -2- During the course of arguments, reliance has been placed upon the instructions issued by the High Court in respect of the Judicial Services, Haryana, whereunder a candidate can apply for re-checking of the answer sheets. Based upon that the Registrar General was asked to report whether there is a similar provision for the State of Punjab. The Registrar General has reported that there is no such provision for re-checking of answer sheets in so far the PCS (Judl. Branch) Exam for Punjab is concerned. It is settled law that the Courts cannot issue any Mandamus to the examining authority for re-evaluation or re-checking of the answer sheets in absence of any provision for the same. In this regard reference can be made to the judgement of Hon'ble Apex Court reported as 2004(3) SCC 714. Mr. Khaira has relied upon a latest judgement of the Hon'ble Apex Court reported as 2009 (1) RSA 608, wherein Hon'ble Apex Court considering its earlier judgement has observed that even though, the Court cannot issue any direction in absence of rules, however, if, the authority deem it appropriate to re-examine any answer sheet and the authorities in their wisdom do so, no interference is warranted by the Court. In the present case the petitioner has made two representations dated 16.1.2009 (Annexure P-3) and dated 3.2.2009 (Annexure P-5) for re-checking of the paper to the extent of totalling of the marks only and no re-evaluation but no decision has been taken thereon till date. Even though, there is no specific rule enabling this Court to issue appropriate Mandamus to the respondents, however, it is deemed appropriate that the Registrar General of the Punjab & Haryana High Court may look into the Criminal Law paper of the petitioner and check it for CWP. No. 2902 of 2009 -3- purpose of re-totalling only. On re-totalling of the marks awarded, he may dispose of the aforesaid representation of the petitioner based upon the re- totalling of the marks of the aforesaid answer sheet within a period of one month from the date certified copy of this order is made available to respondent no.1. Petition is disposed of as such. (PERMOD KOHLI) JUDGE 29.4.2009 lucky