The Supreme Court in the case Harkirat Singh Ghuman v Punjab and Haryana HC observed that the manner in which the Punjab & Haryana High Court had conducted Punjab and Haryana Superior Judicial Services Main Written Examination- 2019. The court further expressed the concern for the same.
the bench adjourned the matter for July 27, asking him to appear physically as the counsel was appearing Virtually.
The HC’s counsel responded that The HC cannot overturn its own judicial order as the Question paper is finalized by the committee of judges. HC had also sought guidance on this aspect from the UGC.
The bench comprising of Justice Nagarathna remarked that Is that the manner in which the exam of judges must be held?
You made the paper available during the hours of attempt? And have you ever heard of this mechanism? further contended by Justice Ajay Rastogi.
The candidates at the beginning were provided an incomplete question paper of criminal law and were then subsequently given supplemental question paper, submitted by the Petitioner Counsel.
The HC said, while responding to the questions posed by the judge his issue has cropped up earlier also and all of this, is on the recommendation of Justice Sikri’s committee which is recorded in 2020 Vol 50 SCC and the Protocol that has been followed was the subject matter of the SC’s decision. If there were so many papers, how could 2000 papers be coded, de coded, evaluated in 17 days by HC judges? We’re asking a practical question further it was contended Question is the procedure adopted under the process. Is that the correct procedure?
The Counsel further argued while apprising the bench that I wasn’t even considered for the vacancies and the HC could not even find equal number of candidates who are suitable for the selection.
The Counsel for the petitioner submitted before the bench When the matter was called for hearing that 3 candidates have been shortlisted for Punjab & 8 in Haryana and that the number of vacancies for the State of Punjab was 9 and for the State of Haryana was 11. Out of this.
the vacation bench comprising of Justice Ajay Rastogi and the Justice BV Nagarathna observed and remarked that the manner in which the exam has been conducted is troubling us and The High Court is conducting examinations for District Judges… courts come down heavily on educational institutions when they conduct exams in a flip flop manner.