Gurvinder Singh v. State of Punjab and Others

ET SINGH BRAR, J. (Oral) The present petition has been f n of India praying for issuan directing respondents No.4 to on with regard to irregularities in remen and Drivers/Operators and e/scrutinize the videos of th to 22.10.2022, filmed by respon for directing respondents No.1 the petitioner (Annexure P-4) ent dated 28.01.2023 (Annexure AB AND HARYANA GARH WP-26555-2023 e of Decision: February 02, 202 ....Petitione S ...Responde ARPREET SINGH BRAR r the petitioner. b.

filed under Article 226/227 of th nce of a writ in the nature o o 6 to conduct proper and fai n the recruitment process for th d further, to form an SIT in orde he physical test conducted o ndent No.3. Further, a prayer ha to 6 to decide the representatio and to stay the operation o P-1).

er ents he of ir he er on as on

¶2respondent P-1) for fi Pursuant th On 01.10.20 for the said

04.10.2023 score in the qualified ca from 18.10 test conduc petitioner n (Annexure by grave ir certain cand assisted by conducting grievance b detailed rep

¶3petitioner h pleadings w in the cond Learned counsel for the petit Nos. 1 to 3 issued an advertisem lling up a total of 1317 post ereto, the petitioner applied for 023, the petitioner appeared in th d posts. After the examination (Annexure P-3). The petitioner e written examination and was a andidates, making him eligible .2023 to 23.10.2023. The petiti cted on 18.10.2023. During the noticed that the standards pr P-1) were not being adhered to rregularities and chaos. Learne didates were unable to climb t y instructors, thereby receiving the test. Aggrieved thereby, the before the concerned officer presentation dated 26.10.2023 (A On the other hand, learned has neither placed on record any which could even remotely sugg duct of the physical test. The all tioner, inter alia, contends tha ment dated 28.01.2023 (Annexur s of Firemen/Drivers/Operators the posts of Fireman and Driver he written examination conducte n, a merit list was published o secured the minimum benchmar accordingly included in the list o for the physical test schedule ioner participated in the physica course of the physical test, th rescribed in the advertisemen and that the process was marre ed counsel further submits tha the rope on their own and wer g undue favour from the staf e petitioner immediately raised and subsequently submitted Annexure P-4). State counsel submits that th y material nor made any specifi gest any large-scale manipulatio legations raised by the petitione

at re s. r. ed on rk of ed al he nt ed at re ff a a he ic on are based pu physical tes recruitment Department manner, an further cont the petition instructors o

¶4record with failed to pl substantiate the physica basis for jud

¶5precedents INSC 568, through Dr position wi following te "61. not c that t urely on conjectures and surmise st was not conducted by any una agency; rather, it was conducted t. The physical test was carrie nd the entire process was video tends that the recruitment proce ner's apprehension that certai or staff while climbing the rope d I have heard the learned couns h their able assistance. This Co lace any cogent material or su e the allegations of irregularities al test. Mere allegations, unsupp dicial interference in a recruitme Furthermore, after an exha on the subject, in 'Vanshika Y a three-Judge Bench of the Ho r. Justice D.Y. Chandrachud, ha ith respect to judicial interventi erms: The facts of this case and the res call for the development of new the cancellation of an examina es. It is further submitted that th authorised or interested officer o d by officials of the Local Bodie ed out in a fair and transparen ographed. Learned State counse ess cannot be quashed merely o n candidates were assisted b during the physical test. sel for the parties and perused th ourt finds that the petitioner ha ubstantive evidence on record t s or favouritism in the conduct o ported by proof, cannot form th ent process. austive review of the earlie Yadav Vs. Union of India' 202 on'ble Supreme Court, speakin as conclusively settled the lega ion in selection processes in th esultant issue before this Court d legal principles. It is settled law ation, either for the purposes o

he or es nt el on by he as to of he er ng al he do w gaini purpo cases a sy exam autho from

¶62In Supp vario The exam mark case, high candi Upon cance Allah High was consi found set a interv place not a system Cour that i the n exam

¶63Exam can b believ decid extra ing admission into professiona ose of recruitment to a govern s where the sanctity of the exam ystemic level. Courts may d mination or approve such c ority only if it is not possible to the untainted ones. n Anamica Mishra v. U.P. Pub p SCC 692 the recruitment pro ous educational services posts i process consisted of two st mination and an interview. Only t ks in the former were invited to mistakes in data entry resulted marks being left out of the i idates who scored low marks we n realising this error, the Sta elled the entire recruitment habad upheld this decision. The a Court was allowed by this Cou no justification for cancell idering that the errors were conf d that a more appropriate cour aside the selection of candidat views on the basis of the written e. Hence, in that case, the Cour a suitable course of action to c mic issues persisted. Althoug rt, a proper appreciation of the it considered whether a fresh ex nature of grievance and the ext m was vitiated. From the observations of mination Board v. Subhas Chan be seen that the number or pro ved to have indulged in malp ding cases such as the present on cted below: "13. This is not a case of any p al and other courses or for th nment post, is justified only i m is found to be compromised a direct the cancellation of a ancellation by the competen o separate the tainted candidate blic Service Commission, (1990 ocess concerning appointment t in Uttar Pradesh was cancelled tages - a preliminary writte those candidates who scored hig participate in the latter. In tha d in some candidates who score interview process even as othe ere interviewed and even selected ate Public Service Commissio process. The High Court o appeal against the decision of th urt. This Court found that ther ling the written examination nfined to the interview process. I rse of action would have been t tes and conduct a fresh set o n exam which had already take rt was of the opinion that it wa cancel an examination when n gh not expressly stated by th decision leads to the conclusio xamination was proportionate t tent to which the integrity of th this Court in Bihar Schoo ndra Sinha, (1970) 1 SCC 648 oportion of students who can b practice is a relevant factor i ne. The relevant observations ar particular individual who is bein

he in at n nt es 0) to d. en gh at ed er d. on of he re n, It to of en as o he n to he ol it be in re

¶64I Prasa exam Naib stude distri their invig copyi altern diffic and t

¶65In (2021 the is the sc charged with adoption of unfai the examinees or at least a vas centre. If it is not a question o with unfair means but to ineffective for the purpose it wa In Madhyamic Shiksha Mand ar Samiti, (1998) 9 SCC 236 m in that case cancelled the exam Tehsildar who had visited the ents were copying even bef ibuted and that they were perm books and other material. T gilators and supervisors did noth ing. This Court found that native but to cancel the exam cult to identify the students wh those who were not. n Sachin Kumar v. Delhi Subor 1) 4 SCC 631 the Court analys ssue before us and made the fol cope of judicial review in such p "56. The decisions in Railway Railway Recruitment Board v. 614 : (2010) 2 SCC (L&S) Hanubhai v. State of Gujarat, SCC (L&S) 80] and Kalaiman

(2021) 16 SCC 217 : 2019 S emphasise that a recruiting au fide view, based on the mat process stands vitiated as a r process should be initiated. process cannot be lightly d substituting its own subjective material which has been take making authority. Undoubted participate in the process is an may be situations where can irregularities can be identified authority to segregate the ir means but of the conduct of a st majority of them at a particula of charging any one individuall condemn the examination a as held ..." dal, M.P. v. Abhilash Shiksh the Board concerned with th m upon receiving a report from exam centre. He found that th fore the question paper wa itted to enter the exam hall wit The report also stated that th hing to prevent the students from the Board was left with n m and that it was exceedingl ho were committing malpractic rdinate Service Selection Board ed multiple judgments related t llowing pertinent observations o roceedings: ay Recruitment Board [All Indi K. Shyam Kumar, (2010) 6 SCC 293] , Gohil [Gohil Vishvara , (2017) 13 SCC 621 : (2018) ni [State of T.N. v. A Kalaiman SCC OnLine SC 1002] all go t uthority is entitled to take a bon terial before it, that the entir result of which a fresh selectio The integrity of the selectio disregarded by the High Cour opinion on the sufficiency of th en into account by the decisio dly, fairness to candidates wh n important consideration. Ther ndidates who have indulged i d and it is then possible for th e tainted from the untainte

ll ar ly as ha he a he as th he m o ly ce d, to on ia C aj i, to na re on on rt he on ho re in he

¶66T comp the ex exam requi separ untai

¶67In from malp inclu be a concl is no concl level. as bo Exam mater exam candidates. On the other hand the nature of the irregularities of candidates involved is of impossible to precisely delinea the untainted. A considered de the material before it taken interfered in the exercise of the it stands vitiated on grou proportionality." The purpose of testing whether th promised at a systemic level is t exam which has already taken p mination is a proportionate respo ired to assess the extent of rately, consider whether it is p inted candidates. A holistic view n arriving at a conclusion as to widespread issues, courts m ractice are substantiated and uding investigative reports, poin at least some evidence to al lusion. This standard need not t necessary for the material on lusion which is that malpractic . However, there must be a rea orne out by the material befo mination Board (supra), this C rial" must be present to j minations: "14. ... If at a centre the w assistance and are manage neighbourhood of 100% whe successful only at an average University or the Board must cannot hold a detailed quasi-j alumni to plead and lead evid withheld or the examinations material on which it can be d d, there may be situations wher may be manifold and the numbe f such a magnitude that it i ate or segregate the tainted from ecision of the authority based o bona fide should not lightly b e powers of judicial review unles unds of unreasonableness o he integrity of the exam has bee to ensure that the cancellation o place and the conduct of a fres onse. This is also why courts ar the use of unfair means an possible to separate tainted an must be taken. whether an examination suffer must ensure that allegations o d that the material on record nt to that conclusion. There mus llow the Court to reach tha be unduly strict. To elaborate, record to point to one and onl ce has taken place at a systemi al possibility of systemic malais ore the Court. In Bihar Schoo Court recognised that "sufficien justify a decision to cance whole body of students receiv ed to secure success in th en others at other centres ar e of 50%, it is obvious that th t do something in the matter. I judicial inquiry with a right to it dence etc., before the results ar cancelled. If there is sufficien demonstrated that the universit

re er is m on be ss or en of sh re nd nd rs of d, st at it ly ic se ol nt el ve he re he It ts re nt

¶68I place indic that i copyi b. Th

¶84H indic mater that t the in indic cheat does using comm which benef being who a at thi the b This

¶6present pet Constitution devoid of m was right in its conclusion th cancelled then academic stand appreciation of the problem mu In Madhyamic Shiksha Manda ed great reliance on the repor cated that the students in questio it was not possible to separate th ing. xx

he present case xx

Hence, sufficient material is n cates a systemic leak or systemic rial on record does not, at pre there has been a widespread m ntegrity of the exam. To the con cates that there are no deviatio ting has taken place. The info not show that the question p g social media or the internet, municated to students using h may prove difficult to tr ficiaries of the leak at Hazarib g identified. The CBI investigatio are the beneficiaries of the malp is stage. This leads us to conclu beneficiaries of malpractice or being the case, the Court canno

In view of the above, this Cou tition warranting interference n of India. Accordingly, the pres merit. hat the examinations ought to b dards require that the university ust be respected." al, M.P. (supra), too, the Cour rt of the Naib Tehsildar, whic on were copying unchecked an hem from the ones who were no xx

xx xx

xx not on record at present whic c malpractice of other forms. Th esent, substantiate the allegatio malpractice which compromise ntrary, an assessment of the dat ons which indicate that systemi ormation before us at this stag paper was disseminated widel or that the answers were bein sophisticated electronic mean race. The students who wer bagh and Patna are capable o on reveals the number of student practice at Hazaribagh and Patn ude that it is possible to separat fraud from the honest students ot direct a re-exam." urt does not find any merit in th under Articles 226/227 of th sent petition is dismissed as bein

be 's rt h d ot h he n ed ta ic ge ly ng ns re of ts na te s. he he

¶7disposed of

February 0 P.C

Pending miscellaneous applic f. 02, 2026

Whether speaking/reason

ation(s), if any, shall also stan (HARPREET SINGH BRAR

JUDGE ned. : Yes/No

nd R)

IN T Gurvinder S State of Pun CORAM: Present : HARPREE 1. Constitution mandamus investigatio posts of Fir to examine 18.10.2022 been made made by t advertiseme HE HIGH COURT OF PUNJA AT CHANDIG CW Date Singh VERSUS njab and others HON'BLE MR. JUSTICE HA Mr. Arun Kumar, Advocate for Mr. Vikas Arora, DAG, Punjab