(1.) THIS appeal has been preferred against order of learned Single Judge , dismissing the writ petition seeking direction to declare the appellant to have passed the AMIE Section B Examination held in December, 1990.
(2.) THE appellant is employed as Junior Engineer (Civil) in the Haryana State Electricity Board since 1984. The respondent Institute of Engineers conducts examination called AMIE, which is taken into account as qualification for further departmental promotion. The appellant appeared and qualified section A of the Examination but result of Section B of the Examination was withheld on account of the allegation of appellant's involvement in unfair means. After Show Cause Notice dated 15.10.1990, order dated 19.12.1991 cancelling the result was passed. Earlier, against the withholding of result, the appellant filed C.W.P. No.4259 of 1991, which was allowed to be withdrawn to file a suit, by order dated 19.11.1991. The appellant, thereafter, filed suit which was decreed by the trial Court, but the lower appellate Court reversed the said decree and dismissed the suit. However, R.S.A. No.632 of 1994 filed by the appellant was allowed by this Court on 4.4.1995 to the effect that the issue was directed to be decided afresh after affording due opportunity to the appellant. In compliance of the said order the matter was considered afresh and order dated 14.12.1995 was passed, reiterating cancellation of result. The appellant then filed C.W.P. No.9699 of 1996 which was dismissed by this Court on 10.7.1996 but the Hon'ble Supreme Court vide order dated 25.7.1997 in appeal arising out of SLP (Civil) No.28 of 1997, upheld the plea of the appellant against order of cancellation of result and directed that the result be declared. Accordingly, the result was declared, wherein, the appellant was declared to have failed to one subject having secured 31 marks as against minimum 35 marks. This led to filing of writ petition giving rise to the impugned order.
(3.) LEARNED Single Judge dismissed the writ petition except for a direction that the appellant be re -examined in the paper of Structural Design as per the syllabi for the year 1990. It was, inter alia observed: -