Haryana clerk recruitment exam: HC quashes results, directs preparation of fresh merit list

The court pronounced its judgment in the case on April 25, but the detailed order was made available on Monday.

Justice Arun Monga disposed of 46 petitions filed by Amit Kumar and others who appeared for the examination. The petitioners, through counsel R S Dhull and others, had argued that the HSSC had in June 2019 issued an advertisement for selections to around 4,800 posts. It was contended by the candidates that their answers to the questions in the examination were correct, but the same were shown as wrong in the answer key released by the HSSC.

The petitioners added that they could not find a place in the final cut-off list due to miscalculations on the commission’s part. The petitioners said this prompted them to approach the court.

During the proceedings in the court, the commission admitted that there were mistakes on the part of the examiner during evaluation of the answer sheets.

Justice Monga, on the admission of commission, said, “Though a lame excuse is being given to justify it, ostensibly on the ground of software failure. Be that as it may, the impugned result declared by the commission shall have to be set aside, with fresh evaluation of the aforesaid three questions qua all the candidates across board.”

The bench thus directed the commission to carry out re-evaluation of all the candidates who had participated in the selection process, declare their results afresh and prepare a new merit-list.

With this order, the high court also quashed the results dated September 3, 2020. The bench further said that since the selected candidates have already been appointed, they shall be allowed to continue in service, subject to being found meritorious on preparation of the fresh merit list.

In case, any of the selected candidates do not make the cut, they shall be issued notice prior to taking any adverse action; such candidates may seek appropriate legal remedy, the court said.

The bench also made it clear that after the declaration of fresh results, those petitioners who make the cut but have not yet been appointed and are hence forced to move further litigation shall be liable to be compensated not only for the salary deprived, but also the litigation costs.