In the High Court for the States of Punjab and Haryana, at Chandigarh. C.W.P.No.7767 of 2007(O&M) Decided on March 05,2008 Sukhdeep Singh and others --Petitioners vs. State of Punjab and others -- Respondents. CORAM: Hon'ble Mr.Justice Mehtab S.Gill Hon'ble Mr. Justice Rakesh Kumar Jain Present: Mr.Deepak Sibal,Advocate, for the petitioners. Mr.P.C.Goyal,Senior D.A.G.Punjab,for the respondents. Rakesh Kumar Jain,J : In this writ petition, the petitioners have made two fold prayers, namely a writ in the nature of certiorari for quashing the order dated 07.5.2007 (Annexure P4) and a writ in the nature of mandamus directing the respondents to consider them for promotion from Class IV employees to the posts of Clerks under their allocated 10% quota as per the instructions of the Government dated 24.8.1983,on the basis of their type test results dated 09.3.2007 (Annexure P3). The petitioners are Class IV employees in the Department of Education, Government of Punjab and have claimed that they are matriculate having unblemished service of five years to their credit. According to them, as per instructions of the Government, 10% of Class III C.W.P.No.7767 of 2007(O&M) -2- posts are to be filled up from Class IV employees, who possess a minimum educational qualification of matriculation with Punjabi and have a minimum of five years of experience provided they pass type test. The Department of Education under the Chairmanship of Director (Administration), conducted type test on 09.3.2007 for Class IV employees including the petitioners in which over 200 Class IV employees appeared. On the declaration of the result, 46 candidates were declared to have passed including the petitioners, who are 36 in numbers. The grievance of the petitioners in the writ petition is that vide order dated 07.5.2007 (Annexure P4), the Government had decided to cancel the test conducted on 09.3.2007 on the ground that mistakes in the type test were not checked as per instructions of the Language Department. At the time of notice of motion on 22.5.2007, following order was recorded by this Court:- “Learned counsel for the petitioner, on having obtained instructions from the petitioners, states that in impugning the order dated 07.05.2007, the petitioners would be satisfied if on the same typewriting test, conducted earlier, their answer sheets are evaluated, on the basis of instructions of the Language Department. Notice of motion for 15.10.2007. Any fresh test conducted by the respondents shall be subject to the decision of the final decision of this Court”. On notice, the respondents have put in appearance and reply by way of short affidavit of Sh. Ajmer Singh, Director Administration O/o Director, Public Instructions (Secondary Education), Punjab, Chandigarh C.W.P.No.7767 of 2007(O&M) -3- was filed on behalf of respondent Nos. 1 to 3 on 03.3.2008. In the reply, the afore-stated facts were admitted to the extent that the petitioners had appeared in the test on 09.3.2007 and were declared to have qualified making them eligible for promotion to the posts of Class III (Clerks). It was, however, submitted that due to some complaints made to the Government of alleged favouratism against the authorities concerned and a news item dated 12.3.2007 was published highlighting the gross irregularities committed by the authorities while conducting Punjabi Type Test, it was decided to cancel test vide the impugned order and the Government was directed to constitute a Committee comprising of Director Public Instruction (SE), Director Public Instruction (E.E.) and Director Administration to conduct type test afresh. It was also mentioned in the reply that fresh test is being conducted because at the time of notice of motion on 22.5.2007, this Court while issuing notices to the respondents had granted liberty to them to conduct test subject to the final decision of this case. It was also mentioned that fresh test is being conducted from 12.3.2008 to 14.3.2008. The petitioners filed C.M Nos. 3471-72 of 2008 on 25.2.2008,praying therein to stay the operation of the impugned order dated 20.2.2008, in which the respondents have decided to hold fresh typing test during the pendency of this writ petition. The order dated 20.2.2008 was attached with the application as Annexure P-5. We have heard learned counsel for the parties and have perused the record. At the time of notice of motion, learned counsel for the C.W.P.No.7767 of 2007(O&M) -4- petitioners after obtaining instructions from the petitioners made a categorical statement in the Court that the petitioners would be satisfied if on the same typewriting test conducted earlier, their answer sheets are evaluated ,on the basis of instructions of Language Department. We have also found that Hon'ble Division Bench of this Court vide its interim order dated 22.5.2007, did not direct or give liberty to the respondents to hold fresh typewriting test , rather order was only to the effect that in case, any fresh test is conducted by the respondents, that shall remain subject to the final decision of this case. The respondents have misunderstood the order dated 22.5.2007 and have wrongly interpreted the same for the purpose of holding fresh typing test from 12.3.2008 to 14.3.2008. Since vide the impugned order, earlier test held on 09.3.2008 has been cancelled only on the ground that mistakes in the typing test were not checked as per instructions of the Language Department, learned counsel for the petitioners has very fairly made a statement that the petitioners are ready that their answer-sheets be evaluated on the basis of the instructions of the Language Department. We find that there is no hindrance before this Court to direct the respondents to re-evaluate the answer-sheets of the petitioners on the basis of the instructions of the Language Department of the test conducted on 09.3.2007 in which they were declared successful and we also hold that there is no need for re-conducting the test as no permission/liberty was granted by this Court on 22.5.2007 for conducting the same. In view of the above, the present writ petition is allowed and the order Annexure P-4 is quashed. The respondents are hereby directed C.W.P.No.7767 of 2007(O&M) -5- to re-evaluate the answer-sheets of the petitioner of the typewriting test conducted on 09.3.2007 pertaining to the petitioners on the basis of instructions of the Language Department within a period of two months from the date of passing of this order. There shall, however, be no order as to costs. (Rakesh Kumar Jain) Judge. March 05,2008 ( Mehtab S. Gill ) RR Judge