RAJESH GUPTA Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) NOTICE of motion.

(2.) Mr. Vivek Chauhan, A.A.G., Punjab and Mr. B.S. Walia, Advocate present in the Court have been asked to accept notice on behalf of respondents no. 1 and 2 to 3 respectively.

(3.) RESPONDENT no. 2 advertised 8 posts of Additional District & Sessions Judges, Punjab vide Advertisement dated 8.4.2011 out of which 2 posts were for general category. Petitioner claiming to be eligible applied for the post. He was allotted Roll No. 7189 for the Preliminary Examination. Under the rules the selection was to be made on the basis of Preliminary Examination, which was in the nature of shortlisting followed by the Main Examination and Viva Voce. In the Preliminary Examination candidates equal to the 10 times of number of vacancies were to be called. Preliminary Examination comprised of 125 objective type questions, each question carrying 4 marks for the correct answer. The rule also provided negative marking whereunder 1 mark was to be deducted for the wrong answer. Petitioner participated in the Preliminary Examination held on 31.7.2011. He secured 261 marks. The last successful candidate in the Preliminary Examination secured 267 marks. Earlier the petitioner had filed CWP No. 20082 of 2011 seeking a direction for supply of the answer key. Under the orders of this Court dated 31.10.2011 answer key along with question paper was supplied to the petitioner. It is stated that on examination of the question paper booklet 'A' with the answer key for the same, it has been revealed that 11 questions bearing nos. 4, 7, 46, 59, 62, 95, 98, 103, 112, 118 and 122 of the booklet 'A' of the Preliminary Examination carried wrong answers in the answer key. It is stated that, though, the petitioner had adopted the correct answers out of the multiple choice answers provided, however, on account of incorrect answer key he has been denied the marks for the same.