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(2021) Law Today Live Doc. Id. 16361 = 2021(2) L.A.R. 535
Decided on: 20.07.2021
Present:
Mr. Rahul Makkar, Advocate for the petitioner.
Mr. Pankaj Middha, Addl. A.G., Haryana.
(Presence marked through video conference).
Constitution of India, Article 226 – Valuation of marks – Interference in -- Writ jurisdiction -- Petitioner secured 63 marks in the written examination and 05 marks have been awarded to her for socio economic criteria, thus making aggregate secured total as 68 marks -- Petitioner self-acclaims to have secured 64 marks in written on the basis of some purported self-evaluation/ self-calculations, which has no legal sanctity – High Court cannot sit in appeal to re-evaluate the declared result and the valuation of marks awarded to the candidates by the expert examiners -- Merely because the petitioner has filed an affidavit, claiming therein, that she has secured 64 marks, is no ground to interfere.
(Para 2)
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ARUN MONGA, J. (ORAL) –
1. Pursuant to an order dated 28.10.2020 passed by this Court in CWP No. 17751 of 2020 in an earlier round of litigation, a speaking order impugned herein was passed by the competent authority. It is disclosed therein that the petitioner has secured 63 marks in the written examination and 05 marks have been awarded to her for socio economic criteria, thus making aggregate secured total as 68 marks. Whereas, the petitioner self acclaims to have secured 64 marks in written on the basis of some purported self evaluation/self calculations, which has no legal sanctity.
2. Be that as it may, this Court cannot sit in appeal to re evaluate the declared result and the valuation of marks awarded to the candidates by the expert examiners. Merely because the petitioner has filed an affidavit, claiming therein, that she has secured 64 marks, is no ground to interfere. After going through the answer sheets, a speaking order has been passed and it turns out that she has in fact secured 63 marks.
3. However, in view of the speaking order dated 16.12.2020 (Annexure P-9) passed by the Haryana Staff Selection Commission, Panchkula, which discloses that the petitioner has secured 68 marks, this Court expects that, in case, she is found meritorious enough for selection as per her marks, she would be given due benefit thereof and offer her the post in the category applied for.
4. Learned counsel for the petitioner also states that during pendency of the proceedings, petitioner has moved up in the merit list and has made the cut into the waiting list.
5. Disposed of with liberty to approach the Court if the benefit of waiting list is not accorded as per merit of the petitioner.
Order accordingly.
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