RAKESH MOHAN SHARMA Vs. HARYANA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This petition has been filed for issuance of a writ of mandamus directing the respondents to show the original answer-sheets of the petitioner in respect of three compulsory subjects of English and English Essay, Hindi and Hindi Essay and General Knowledge and also the original awards received from the examiners in respect of these papers along with fictitious secrecy roll number allotted to the petitioner in the examination held in the last week of November, 1992 by Haryana Public Service Commission, Chandigarh, in pursuance of Advertisement Annexure P1 for filling up of various posts for Haryana Civil Service (Executive Branch) and other Allied Services.

(2.) Haryana Public Service Commission, Chandigarh, (hereinafter referred to as the Commission) vide Advertisement No. 7 advertised various posts for H.C.S. (E.B). Details of the posts was specified in the advertisement notice. Thousands of candidates applied for those posts and took the examination which commenced from 2.10.1993 and concluded on 15.10.1993. Sealed answer books are stated to have been received from different centres in the office of the Secretary of the Commission by that date. During the process of preparation of merit list, due to bickerings between the members of the Commission, the whole of the examination was scrapped. Satish and others filed C.W.P. 8584 of 1994 in this Court for quashing the scrapping of the examination result inter alia alleging therein that harsh action of passing the orders scrapping the examination was due to fight between the Chairman on one hand and the Members of the Commission on the other hand. Serious allegations of mala fides and nepotism between the Members of the Commission and in-fighting between the members of the Commission were made. The said writ petition Satish and others v. Haryana Public Service Commission and others, 1995 2 RSJ 1 was accepted by a Division Bench of this Court and the order of the Commission scrapping the examination was set aside. While accepting the aforesaid writ petition, the Court observed and issued the following directions :

(3.) In compliance with the directions issued as modified by their Lordships of the Supreme Court, the result of the written test was published in the Indian Express newspaper on 22.1.1996. Petitioner was called for interview which took place on 13.2.1996 in the office of the Commission in Sector 17-A, Chandigarh. Petitioner has averred that the fared well in the interview and answered all the questions which due diligence and care. In view of the excellent written test and in view of his performance at the time of interview, petitioner was sanguine for his success in the H.C.S. (E.B) examination, 1992. The final result of H.C.S. (E.B) examination 1992 was declared which was published in the Indian Express on 17.3.1996 and the petitioner was surprised and shocked not to find his name amongst the successful candidates.