PCS(JB) Exam – Re-checking is Not Synonymous with Revaluation – Dismisses Writ Petition Seeking Revaluation of Answer Sheets – P&H HC
In a significant ruling, the High Court has dismissed a writ petition that sought the revaluation of answer sheets for the PCS (JB) 2022 examination for the posts of Civil Judge (Junior Division)-cum-Judicial Magistrate. The Court clarified that “re-checking is not synonymous and equivalent to revaluation,” quoting from its own observations in the judgement.
The petition raised questions regarding the timing of re-checking and whether it should be synonymous with revaluation. The Court, in its judgement, stated that Clause 11 of the advertisement dated 06.09.2022 allows only for re-checking, not revaluation. “Re-checking pertains to retotalling of marks and ensuring all questions have been marked, whereas revaluation involves reassessment of answers,” the Court observed.
The Court also addressed the timing of re-checking, emphasizing the need to maintain the “sanctity and impartiality of the selection process.” The judgement rejected the argument that re-checking should be allowed immediately after the main written examination and before the viva-voce.
Another key point in the judgement was the Court’s stance on the disclosure of marks. The Court upheld the practice of not disclosing marks obtained in the written examination until the final result is declared. “Disclosure prior to viva-voce could lead to bias and is not in the interest of transparency,” the Court noted.
The Court referred to several Supreme Court judgments to assert that in the absence of any provision for revaluation in the Recruitment Rules, revaluation should not be directed. The judgement also cited Supreme Court views on the non-disclosure of marks before the viva-voce.
In its final decision, the Court found “no ground whatsoever which calls for interference” and dismissed the writ petition. The ruling is seen as setting a precedent for future cases involving the revaluation and re-checking of examination answer sheets.
The judgement was delivered by Judge Lisa Gill and Judge Ritu Tagore on September 28, 2023.
Date of Decision: 28 September 2023
Malwinder Singh and others vs Punjab Public Service Commission and others
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