Vickramjit Singh And Another vs State Of Punjab And Others

The two petitioners, namely, Vickramjit Singh and Ramandeep Singh (petitioner Nos. 1 & 2 respectively), by filing the present petition, seek quashing

of the order dated 28.11.2016 (Annexure P-4), whereby the selection of the petitioners in pursuance to the advertisement dated 01.07.2015 (Annexure

P-1) and merit in the written test has been cancelled.

Learned counsel for the petitioners contends that the petitioners being meritorious had cleared the written test and were to be issued the appointment

letter keeping in view the condition of the advertisement dated 01.07.2015 (P-1). It is further stated that some complaints/FIRs were registered by

Vigilance Bureau with the allegations that some candidates had taken advantage of the leaked paper, however, neither petitioners are named nor any

of the candidates competing for the post of Junior Engineer (Civil) have been named in the said FIRs. From the impugned order dated

28.11.2016 (P-4), it transpires that irregularities have been found in all 670 posts but surprisingly 140 persons have been permitted to join as Junior

Engineer at whims and fancies of the authorities, thus bringing in plea of discrimination and arbitrariness on the part of respondents. The respondents

were required to segregate the tainted and untainted candidates particularly when the entire selection is based on written test.

After having scrutinized the record of the case and arguments of the counsel, this Court finds that a batch of 32 writ petitions, involving identical

issue(s), have also been decided/dismissed by this Court vide a common order dated 19.03.2018 (Annexure P-5), passed in CWP No.14623 of 2016,

titled as 'Harpeet Singh and others VERSUS State of Punjab and others', wherein it has been held that it is in the interest of justice and fair play to re-

conduct the examination process as decided by the high level committee. The case of the petitioners is squarely covered by the aforesaid judgment

dated 19.03.2018 (P-5). The relevant paragraphs of the judgment read as under:-

“The petitioner(s) in the batch of petitions are aggrieved against the impugned order(s) whereby the recruitment process of 456 posts in the

Department of Local Bodies, Punjab has been cancelled by the respondents on account of leakage of examination papers. In the backdrop, the

Department of Local Bodies,Punjab had advertised 682 posts by way of direct recruitment of various categories in different cadres i.e. Municipal

Corporations, Municipal Councils, Nagar Panchayats and Improvement Trust, Punjab Water Supply Sewerage Board in the State of Punjab, vide

public notice dated 01.07.2015 (Annexure P-1). The said posts were later on revised to 670 by way of corrigendum dated 08.07.2015. The

petitioner(s) after fulfilling the eligibility applied for the said posts. The written examination was held in Punjab University, Chandigarh from 07.11.2015

to 15.11.2015 in morning and evening shifts, vide schedule (Annexure P-2). The result for the said posts was declared on 17.12.2015 (Annexure P-

4)which was uploaded on the website of the Department and also published in different newspapers. After declaration of the result, the department

had received certain complaints qua the leakage of question papers leading to the present controversy. Accordingly, an enquiry was conducted by the

Vigilance Bureau, Punjab into the matter whereby it has come to the notice that certain aspirants for the different posts had access to the question

papers prior to the examination. At the first instance, the examination of 61 posts of (i) Assistant Corporation Engineer (Civil), (ii) Assistant Municipal

Engineer (Civil) and (iii) Sub Divisional Engineer (Civil) were cancelled, however, after finding prima facie material, the recruitment process of 456

posts was cancelled. During the investigation, it has come on record that several candidates were taken to Lucknow or Nazafgarh by the persons

acting as conduits, where they were shown the examination papers. The submission(s) made by learned counsel for the petitioner(s) that since the

FIR has been registered against the suspected candidates, therefore, they be not made to suffer irreparable loss on account of the wrong act done by

others is repelled as the sanctity of the examination is totally breached and the same indicate towards a scam which needs to be unearthed by

conducting a deep probe in the matter. Though, it cannot be disputed that some of the petitioner (s) have diligently and honestly prepared for the said

posts, however as the entire selection process has been tainted, it is in the interest of justice and fair play to re-conduct the examination process as

decided by the High Level Committee.

From the above facts and circumstances of the case, this Court finds no merit in the instant petition(s) and the same are hereby dismissed.

The State is directed to re-conduct the examination of the cancelled posts. The petitioner(s) herein and the other candidates who had earlier applied

for the posts shall not be charged further fee etc. and they be allowed to appear in the examination and after their due verification and identification,

their admit cards be uploaded on the website. The Vigilance Bureau is directed to conclude the investigation in the meantime.â€​

A similar writ petition bearing CWP No. 17357 of 2018, titled as 'Amanpreet Singh and others VERSUS State of Punjab and others', involving

identical issue(s), has also been dismissed by this Court vide order dated 20.07.2018 (Annexure P-6).

In view of the above, the present petition is dismissed. Even at the cost of repetition, it is reiterated that the petitioners shall not be charged further fee

etc. and they be allowed to appear in the re-examination and after their due verification and identification, their admit card be uploaded on the website.