S.S.SUDHALKAR,J. - (1.) The petitioner appeared in the Haryana Civil Services (Executive Branch) Examination, held by the Haryana Public Service Commission, respondent No. 2, in the year 1996. In the subject of Hindi and Hindi Essay, he was given the remark "D" which mean 'Disclosure of Identity' and he was not given any marks in any other paper.
(2.) The petitioner, by this writ petition, has prayed for quashing of clause 3(a) of the instructions regarding disclosure of identity and also Note-I, page 12 (underneath the heading 'Compulsory subjects') of the instructions as also the quashing of result with remark 'D'.
(3.) The relevant rule, which is sought to be quashed is Rule 3(a) which has been reproduced by the petitioner in the writ petition. We also reproduce the same in this judgment. It is as under :- "3(a) Disclosure of identity in any form like use of ink other than blue or blue black, writing of roll number and name at places other than specified, writing of serial No. of the script or putting of any type of mark etc. will amount to use of unfair means and will be penalised by cancelling the paper and awarding zero marks". Note 1, page 12 underneath the heading of the compulsory subjects, of the instructions is as under :- "Candidates who do not qualify in Hindi Compulsory subject, their answer sheet in the compulsory and optional subjects will not be evaluated." So far as rule 3(a) is concerned, learned counsel for the petitioner argued that the rule is arbitrary in nature and not legal and, therefore, it should be quashed. ;