IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.3137 of 2009 Date of Decision : April 30, 2010. Satnam Kaur and others .....Petitioners versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.K.G.Chaudhary, Advocate, for the petitioners. Ms.Charu Tuli, Senior DAG, Punjab. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioners are serving as Constables in the Punjab Police in Ferozepur District. They seek quashing of the order dated 24.2.2009 (Annexure P-2) passed by the Director General of Police, Punjab, cancelling the B-1 test conducted on 15.2.2009 by the Senior Superintendent of Police, Ferozepur. The test was held under the Punjab Police Rules, 1934 for selection of the Constables to undergo promotional course for their promotions as Head Constables. The short grievance of the petitioners is that they have got higher merit position in the above- mentioned B-1 test held on 15.2.2009 but the same has now been cancelled C.W.P.No . 3137 of 2009 2 simply to favour those who have allegedly not able to make it to the merit- list. They also allege non-observance of the principles of natural justice as no show cause notice or opportunity of hearing has been given before taking away the vested right accrued in their favour on passing the Test. The respondents have filed their counter-affidavit through the Inspector General of Police, Border Range, Amritsar, averrring that the written test was conducted on 15.2.2009 by a Committee of the Police Officers headed by the Senior Superintendent of Police, Ferozepur but on account of an alleged visit of the V.I.P. in District Ferozepur, checking of the answer sheets was delayed which were kept under seal and lock in a steel box. The answering sheets were allegedly got checked on 16.2.2009 from a team of 15 police officers/officials and based upon the marks secured by the candidates, the merit list was prepared and displayed on the notice board and the candidates securing more than 50% marks were called for Parade test and interview. Meanwhile, 13 candidates are said to have applied for re-checking/re-evaluation of the answer sheets as per the provision contained in the Standing Orders and during the course of re- checking that the following discrepancies were detected:- Sr. No. Rank Name and No. Marks obtd. Marks after re-checking 1. Lady Constable Balwinder Kaur No.114/FZR. 20.50 25.00 2. HC(PR) Dalbir Singh No.116/FZR 26.50 33.5 3. L/Const.Rajni Bala No.286/FZR 34.50 44.50 4. C.Daljit Singh No.496/FZR 13.00 21.00 5. C.Kuldip Singh No.522/FZR 32.50 41.50 6. HC(PR) Balbir Singh No.641/FZR 29.50 44.00 C.W.P.No . 3137 of 2009 3 Sr. No. Rank Name and No. Marks obtd. Marks after re-checking 7. C.Parminder Singh No.967/FZR 38.50 45.00 8. HC(PR) Surinder Sharma No.1000/FZR 39.50 40.50 9. C-II Gurpal Singh No.1252/FZR 29.50 45.00 10. HC(PR) Satinder Pal Singh No.1957/FZR 32.50 39.00 11. HC(PR) Shinda Singh No.2050/FZR 34.50 36.00 12. HC(PR) Bohar Singh No.2570/FZR 30.50 34.50 13. C.Sarwan Singh No.2649/FZR 29.50 36.50 The factual position was brought to the notice of the Deputy Inspector General of Police, Ferozepur Range, Ferozepur, who called for the entire records and after noticing discrepancies in the checking of the answering sheets, recommended to the Director General of Police, Punjab to hold de-novo B-1 test in district Ferozepur. On acceptance of these recommendations that the Director General of Police, Punjab, has passed the impugned order. The counter-affidavit further explains that no vested right for being deputed to the Lower School Course has accrued in favour of the petitioners who have only qualified the written examination as their final merit and suitability was to be adjudged after the parade test and viva- voce. On December 2, 2009, this Court directed the respondents to place on record the material by way of an affidavit, on the basis of which the B-1 test was scrapped. Pursuant thereto, the Inspector General of Police, Border Range, Amritsar has filed an affidavit explaining that a Special Committee comprising: (i) The Deputy Inspector General of C.W.P.No . 3137 of 2009 4 Police, Ferozepur Range, Ferozepur; (ii) Senior Superintendent of Police, Ferozepur, (iii) Senior Superintendent of Police, Moga; (iv) District Attorney (Prosecution), Ferozepur; (v) District Attorney (Prosecution), Moga; and (vi) Deputy District Attorney (Legal) Moga, was constituted to scrutinize all the answer sheets of the B-1 test held on 15.2.2009. After scrutinizing all the answer sheets, the Special Committee found that total 191 candidates appeared in the B-1 test held on 15.2.2009 and out of them one was disqualified. 26 answer sheets were got revaluated and the answer sheets of 165 candidates were scrutinized at random as per the following criteria: “A : Answers of questions which were given right marking at the relevant time; B : Over weighted (Answers of questions for which marks were earlier given excess than what is due); C : Less weighted (Answers of questions for which marks were given lesser than what is due); D : Difference in total marks obtained. The observations made by the Special Committee have been appended as A-1, A-2 and A-3. I have heard learned counsel for the parties at some length and perused the records. There is no denial to the fact that 190 eligible candidates appeared in the B-1 test and answer sheets of most of them have been re- checked by the Committee. There is no serious dispute that in the final C.W.P.No . 3137 of 2009 5 merit list, the difference of marks of the candidates shrinks to points only. The Committee, on re-checking of two sets of answer sheets comprising 13 candidates each, has found that the difference in marks actually awarded and which ought to have been awarded, ranges more than 10 marks also. Similarly, the scrutiny of answer sheets of 165 candidates (List A-2) also suggests discrepancies in preparation of the result of most of the candidates. The conclusions drawn by the Multi-Members Committee leave no room to doubt that the written test conducted on 15.2.2009 has failed to maintain the sanctity, purity and fairness of a competitive examination. No fault can, thus, be found with the decision taken by the Director General of Police, Punjab, to hold the B-1 Test for District Ferozepur afresh, to ensure that the aspirations of the meritorious candidates are not shattered. Learned counsel for the petitioners has placed reliance on two Supreme Court decisions in R.Sulochana Devi versus D.M.Sujatha (2004 (4) RSJ 704, and Canara Bank versus V.K.Awasthy (2005 (3) RSJ 156 and a decision of this Court in Manjot Singh versus The Punjab School Education Board (2000 (1) RSJ 64, to contend that show cause notices ought to have been served upon the petitioners before cancelling their result. The cited decisions pertain to the cases of individuals against whom specific allegations were levelled, yet no opportunity to explain their conduct was given. C.W.P.No . 3137 of 2009 6 These well known principles cannot be pressed into aid in a case where the complete examination as such is vitiated for the reasons like mass copying or whole some favouritism, as ruled out by the Supreme Court in Union of India and others versus O.Chakradhar 2002 (3) SCC 146 and Inderpreet Singh Kalhon and others versus State of Punjab and others (2006 (11) SCC 356. For the reasons afore-stated, I do not find any ground to interfere with the impugned order dated 24.2.2009 (Annexure P-2). The writ petition is accordingly dismissed. Before parting, it deserves mention that the petitioners have repeatedly alleged that the fresh examination is sought to be conducted to accommodate some `favourables' who had earlier failed in the Test. In order to ensure that the afresh examination is conducted in an impartial and transparent manner, an Officers' Committee needs to be constituted to conduct the B-1 Test as well as the Parade Test and Viva- voce. Learned State counsel fairly submits that an Officers Committee comprising (i) the Inspector General of Police, Ferozepur Range, Ferozepur as its Chairman, (ii) the Senior Superintendent of Police, Moga and (iii) the Senior Superintendent of Police, Farozepur as its members, has been decided to be constituted for the above-said purpose. It is accordingly directed that all further steps for selection of the candidates for the above stated course shall be taken by the said Officers' Committee. The needful shall be done within a period of one C.W.P.No . 3137 of 2009 7 month from the date of receiving a certified copy of this order. Dasti. A copy of this order be handed over to learned State counsel for information and necessary compliance. April 30, 2010 (SURYA KANT) Mohinder JUDGE