KRISHAN YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) This court by its order dated 29/07/1991 directed the State government or the Service Commission, whichever is the custodian of the papers to produce the mark lists both in the preliminary written test as well as in the interview in a sealed cover on the next date of hearing and the special leave petition was directed to be listed after two weeks. Pursuant to this order, this special leave petition has been enlisted before us today. The counsel appearing on behalf of the respondent State of Haryana and others submits before this court that all the examination papers, marks lists, etc. both in the preliminary as well as writtentests have been destroyed. It appears from page 86-A of the Special Leave Petition paperbook that a report has been filed under the signatures of five members, including the Chairman, Mr A. S. Dangi himself, where it has been stated that the answer scripts, etc. have been destroyed because of shortage of space. This report bears the date 27/12/1989. It is stated that the result was declared on 6/04/1990 and Apr 20/04/1990. It is really astounding that before the declaration of the results the answer scripts etc. have been destroyed. This incident creates some speculation in the mind of common men. Pursuant to the directions referred to above by this court, the authority concerned did not care to file any affidavit or produce the relevant documents which were directed to be produced before this court. This is a very serious matter since the recurrence of this kind of incident, now-a-days, in connection with the examinations and results is happening very often and the ends of justice and fair play demands an enquiry into the serious matter, as the petitioner's allegation is that though he has secured above 80 per cent marks in written test and more particularly, in English 87 per cent marks, yet on the basis of the result of viva voce he was not selected. Therefore, we direct the previous secretary of the Board as well as members who signed the earlier report appearing at page 86-A of the special leave petition to state on oath what happened to the answer scripts and also the mark lists and also to satisfy the court by staling clearly what impelled them to destroy these papers even when some months were left for the results of the competitive examination to be published. This affidavit on oath be filed by the previous secretary, Sri A. P. Jain, who, it is stated, has been transferred to some other office under the government staling in detail what has happened with regard to these papers and why, as secretary, he did not raise any objection to the destruction of these papers when the results were yet to be published. All these affidavits are to be filed peremptorily within a period of two weeks. We have further referred to Annx. 'c', page 71 wherefrom it appears that even without police verification some candidates have been given appointment. However, we make our reservations for the present with regard to this and we will consider it at the final stage.

(2.) Let the special leave petition appear after two weeks. court Masters