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Smart Summary

Factual and Procedural Background

Raj Kumari, a lady constable in the Punjab Police, sat for the B-1 examination on 15-3-2002, which determined eligibility for lower school training. When results were announced, several colleagues (later identified as Respondents 6-10 in her writ petition) were declared successful while she was not. Suspecting irregularities, she repeatedly requested re-checking of her answer script; the Senior Superintendent of Police and the Deputy Inspector General rejected her requests.

Raj Kumari therefore filed CWP No. 7687 of 2002 before the Punjab and Haryana High Court. The High Court ordered production of answer scripts of both the writ petitioner and Respondents 6-10 and ultimately directed reassessment by a committee. Only these six scripts were re-evaluated, leading to reduced marks for Respondents 6-10 but no change for Raj Kumari.

The High Court dismissed Raj Kumari’s request to be sent for training, yet set aside the selection of Respondents 6-10 despite their having completed the course 2½ years earlier. Respondents 6-10 (now appellants) appealed to the Supreme Court in SLP (C) No. 25067 of 2005; the State filed SLP (C) No. 6173 of 2006; and additional officers challenged the reassessment process in SLP (C) No. 2512 of 2007. The Supreme Court granted leave and decided all matters together.

Legal Issues Presented

  1. Whether the Punjab Police procedural guidelines permit a candidate to seek reassessment of other candidates’ answer scripts.
  2. Whether the High Court erred in setting aside the selection of Respondents 6-10 after they had completed training and advanced in service.
  3. Whether Raj Kumari, having failed to secure qualifying marks even after reassessment, was entitled to any further relief.

Arguments of the Parties

Appellants (Respondents 6-10 before the High Court)

  • The guidelines restrict reassessment to a candidate’s own answer script; therefore, reassessment of their scripts was unauthorised.
  • They had completed lower school training 2½ years earlier and had since progressed from List B to Lists C and D, making it inequitable to annul their selection.
  • Raj Kumari remained below the qualifying standard and could not gain by comparison with their scores.

Raj Kumari

  • The evaluation of her answer script was improper; marks that should have been awarded were omitted.
  • Because Respondents 6-10 received lower marks after reassessment, their original selection should be invalidated.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Supreme Court observed that the applicable guidelines allow only a candidate’s own script to be reassessed; there is “no scope” for seeking reassessment of others’ scripts. Although the High Court had already ordered such reassessment, the Court found that circumstance had rendered the issue largely academic because Respondents 6-10 had long since completed training and advanced in service.

The Court held it “inequitable” to deprive Respondents 6-10 of benefits already obtained, especially as there was no evidence they were complicit in any initial error in marking. Any deficiency in mark allotment was attributable to the authorities, not to the candidates.

Conversely, Raj Kumari still failed to achieve the qualifying score even after re-evaluation. The Court rejected the argument that lower post-reassessment marks of others could justify relief for her; the analogy, it said, “cannot be extended to her.”

Regarding SLP (C) No. 2512 of 2007, which challenged the constitution of the reassessment board, the Court found further examination unnecessary in light of its conclusions in the principal appeal.

Holding and Implications

Holding: The Supreme Court set aside the portion of the High Court’s order that annulled the selection of Respondents 6-10, thereby restoring their status and benefits. Raj Kumari’s appeal was dismissed. The connected appeal (SLP (C) No. 2512 of 2007) was disposed of without separate relief.

Implications: Respondents 6-10 retain their completed training credentials and subsequent promotions, avoiding financial and administrative disruption. Raj Kumari obtains no further remedy. The decision resolves the dispute on equitable grounds and does not establish a new legal precedent beyond affirming the limited scope of candidate-initiated reassessment under existing police guidelines.

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    Tejinder Kaur And Others v. Lady Constable Raj Kumari And Others

    Dr. Arijit Pasayat, J.—

    SLP (C) No. 25067 of 2005 and SLP (C) No. 6173 of 2006

    1. Leave granted.

    2. These two appeals are interlinked and are therefore disposed of by the common judgment. The challenge in each case is to the judgment of a Division Bench of the Punjab and Haryana High Court allowing in part the writ petition filed by Raj Kumari, Respondent 1 in appeal relating to SLP (C) No. 25067 of 2005 and the appellant in the appeal relating to SLP (C) No. 6173 of 2006.

    3. Background facts in a nutshell are as follows:

    Raj Kumari filed a writ petition inter alia contending that she had joined the Punjab Police Force as lady constable. During the course of service she became eligible to take B1 test examination which was held on 15-3-2002 for the purpose of being sent to lower school training course. Along with her, the appellants in appeal relating to SLP (C) No. 25067 of 2005 also appeared. When the results were declared, the aforesaid appellants were shown as successful and Raj Kumari was informed that she had not made the grade. She was of the view that a lot of bungling had taken place in the examination hall and favour was shown to some persons to make the grade.

    4. She submitted a written request to the Senior Superintendent of Police, Hoshiarpur for rechecking of her papers, but the request was not granted. She again made a similar request vide written communication dated 3-4-2002 to the Deputy Inspector General of Police (in short “the DIG”), Jalandhar. The same was also rejected. She then filed a writ petition bearing CWP No. 7687 of 2002. The State was directed to produce the answer script of Raj Kumari and the appellants in appeal relating to SLP (C) No. 25067 of 2005. Upon perusal of the answer scripts, the Division Bench felt that they need to be reassessed. Accordingly, notice was issued to the appellants in appeal relating to SLP (C) No. 25067 of 2005 who were Respondents 6 to 10 in the writ petition.

    5. A committee was constituted to reassess the answer sheets. However, the answer sheets of only the writ petitioners and Respondents 6 to 10 were reassessed and there was no reassessment in respect of rest of the successful candidates. Upon reassessment the marks obtained by Raj Kumari, the writ petitioner and Respondents 6 to 10 were as follows:

    Candidate Marks before reassessment Marks after reassessment Appellant Raj Kumari 47 47 Respondent 6 53 44 Respondent 7 50 46 Respondent 8 50 40 Respondent 9 50 45 Respondent 10 50 48

    The High Court noticed that upon reassessment, Respondents 6 to 10 were given lesser marks than what they obtained prior to reassessment. The writ petition was disposed of accordingly.

    6. The writ petitioner served a notice for ascertaining her status as well as the status of Respondents 6 to 10. A communication dated 28-10-2004 was received by the writ petitioner from the Senior Superintendent of Police, Hoshiarpur that her status qua the marks remains the same. The writ petitioner took the stand that her answer script has not been properly checked and on reassessment Respondents 6 to 10 have not received the minimum grade of marks and, therefore, their selections were to be set aside.

    7. The High Court directed the respondents to produce the original records relating to the process of selection and the actual selection. Written statements were filed. It was pointed out that Respondents 6 to 10 had already been sent for training. They had completed the training and as a result of re-evaluation after 2½ years the whole thing cannot be undone as that would cause loss to the State exchequer.

    8. The High Court, however, felt that though they had been sent for the course 2½ years earlier, that would not confer any equity on them. It was, however, held that since the writ petitioner had not made the grade, the writ petition was to be dismissed so far as her prayer for being sent for training to the lower school course is concerned. The selection of Respondents 2 to 6 in the writ petition was set aside and it was held that they shall not be entitled to any benefit of having completed their course.

    9. In support of the appeal, learned counsel for the appellants who were Respondents 6 to 10 submitted that the procedural guidelines did not permit a candidate to seek re-evaluation of another candidate's answer script. It was restricted to her papers alone, and therefore, by the impugned judgment, the High Court should not have set aside their selection, and that too after they had completed the course 2½ years earlier.

    10. It is pointed out that in the meantime they have gone from List B to List C and also undergone training for the post of ASI in List D. That being the situation, the High Court's judgment is indefensible. It is also submitted that the appellant Raj Kumari cannot claim any benefit because she had not made the grade.

    11. Learned counsel for Raj Kumari on the other hand submitted that assessments done in her case were not proper. With reference to the copies of the answer script she submitted that marks which ought to have been allotted had not been allotted.

    12. We find that the guidelines really provide for request by the candidate for reassessing of his/her marks and there is no scope for asking for reassessment in the case of other candidates. But in view of the earlier order of the High Court that the question has become academic, it is to be noted that Respondents 6 to 10 in the writ petition had completed 2½ years of training. In the meantime they had appeared in List B, C and List D.

    13. In view of the aforesaid peculiar situation we set aside that part of the order of the High Court by which their selection was set aside. It would be inequitable to deprive them the benefits of what had been extended to them. Deficiency, if any, in not allotting proper marks as done by the authorities cannot deprive them of the benefit which they have obtained. It is not shown that they were a party to the wrong allotment of marks at the original stage. The position may have been different if that was so. That being so, their appeal is allowed. But the appellant Raj Kumari has not made the grade. Therefore, her appeal deserves to be dismissed, which we direct. There is no substance in the plea that some of the appellants in the other appeal had secured lesser marks than her. But because of the circumstances highlighted above, we feel that the analogy cannot be extended to her. The appeals are accordingly disposed of.

    SLP (C) No. 2512 of 2007

    14. Leave granted.

    15. In this present case the appellants have questioned correctness of the order passed by the High Court declining to consider their prayer about the impropriety in the process of reassessment done. It was their case that they came to know from the return filed by the State Government that the reassessment was done by the Board which was not properly constituted. It is, therefore, their case that reassessment as done has no legal sanction. The High Court declined to interfere as the connected matters were pending before this Court.

    16. In view of the orders passed in appeal relating to SLP (C) No. 25067 of 2005, there is no necessity for dealing with the stand taken by the appellants.

    17. The appeal is accordingly disposed of.

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    Tejinder Kaur And Others v. Lady Constable Raj Kumari And Others
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