“Can't Sit As Examiner”: Says Punjab & Haryana HC, Issues Notice On Plea Against Marks Given To Candidate In Haryana Superior Judiciary Exam

The Punjab & Haryana High Court on Thursday (January 23) issued notice on a plea challenging the marks allotted to a candidate in mains examination of Haryana Superior Judiciary, 2023.

While issuing notice on the plea, a bench of Chief Justice Sheel Nagu and Justice Sumeet Goel orally remarked, "Under Judicial Review we are entering into an area which is not our domain."

Counsel appearing for the candidate referring to the answer sheets contended that "this is the case where candidates deserve more marks, kindly consider constituting a committee."

Chief Justice Sheel Nagu orally said, "constituting a committee will set a bad precedent and it will open a pandora box..also no malafide has been alleged against the members of the expert committee (who checked the answers)."

"We can't sit as an examiner...something glaring has to be there , which can be evident in objective type answers and not descriptive type answers," the court orally added. 

The plea was filed by Puneet Aggarwal who appeared in Haryana Superior Judiciary exam and contended that his answer sheet of the main-examination was not evaluated properly.

"If the answer sheets are perused, there are huge cuttings in valuation of marks which give rise to serious doubt, which can be decipher from the answer sheets pertaining to Civil Law-1 which speaks volume because while giving marks in each and every answer there are cuttings and all the answers were attempted by the petitioner in accordance with text books," stated the plea.

The petitioner sought constituting a committee to examine the veracity of the allegations and to check whether a fraud has been committed against the candidate despite answering all the questions in right perspective.

It also prayed for considering the candidate for the post of Additional District Judge in the Haryana Superior Judicial Services, after quashing the action of respondents.

During the hearing, counsel appearing for the High Court Shubreet Kaur apprised the Court that to check the answer sheet of the judiciary examination, a committee of professors has been constituted to cross-check the markings. In this case, the answer sheet has been signed by all the examiners.

The matter is listed for 27 February for further consideration.

Deepkaran Dalal argued for the petitioner.

Shubhreet Kaur appeared for the High Court.

TITLE: PUNEET AGGARWAL V/S PUNJAB AND HARYANA HIGH COURT AND ANOTHER