RAJ KUMAR PANGHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this petition under Articles 226/227 of the Constitution of India, the petitioner has sought the quashment of the impugned letter, dated March 29, 1996, Annexure P.3, vide which the petitioner has been disqualified from the examination of Haryana Civil Services (Executive Branch) and other allied services, 1992, on the allegation that he had disclosed his identity in Hindi and Hindi Essay paper and consequent to that, answer sheets in other subjects were not evaluated, and for issuance of a writ of prohibition directing the respondents not to disqualify the petitioner from the said examination, and also for issue of a writ of mandamus directing the respondents to declare the result of the petitioner in the written examination and to allow him to appear in the interview for selection to the post of H.C.S. (Executive Branch) as well as other allied services, or any other appropriate writ, order or direction in the facts and circumstances of the case.

(2.) Vide order, dated May 27, 1996, notice of motion was ordered to be issued for July 18, 1996. The respondent-Commission was also directed to produce in Court the Hindi paper of the petitioner for perusal. On July, 18, 1996, the record was not produced and it was ordered to be produced on the adjourned date, i.e., August 22, 1996.

(3.) The respondents filed a short written statement and also produced Hindi and Hindi Essay paper of the petitioner in original in a sealed cover. In the written statement, the Commission has taken the stand that answer sheets supplied to the candidates carried certain instructions fore-warning them not to put any such thing which may tantamount to disclosure of their identity. The Commission has also pleaded that the learned Judges while deciding Civil Writ Petition No. 8485 of 1994 besides giving other directions, were pleased to give the following directions :