- (1.) By this order, I propose to dispose of CWP Nos. 10309, 10848, 12111, 13761, 14501, 15130, 15192, 15203, 15710, 16232, 16524, 15912, 15966, 15984, 15988, 15991, 15999, 16072, 16082, 16106 and 16147 of 2012, as common question of law and facts are involved in these petitions, therefore, they are being decided by this judgment. Challenge in these writ petitions is to the action of the respondent-Haryana Public Service Commission granting marks to the candidates with reference to those wrong questions in the HCS (Executive Branch) and other Allied Services Preliminary Examination, 2011 held on 25.03.2012 and the result dated 05.05.2012 of the said examination declaring it to be illegal and quashing it with a further prayer for issuance of a writ of mandamus directing the respondents to hold a fresh examination of such papers where questions have been found to be wrong as was earlier done by the Commission in the Geography paper of the preliminary examination of HCS in the year 2004.
(2.) Briefly, the facts are that the Haryana Public Service Commission (hereinafter referred to as 'Commission') issued Advertisement No. 5/2011 inviting applications from eligible candidates for filling up various posts by holding a common entrance test for HCS (Executive Branch) and other Allied Services Preliminary Examination, 2011. Apart from the other posts, the vacancies to be filled up for the HCS (Executive Branch) were 30, of which 19 belong to the general category, 6 scheduled caste, 3 backward class and two ex-servicemen. Last date of receipt of the application form was 27.11.2011. Petitioners, in pursuance to the said advertisement, applied for the posts. As per the said advertisement, under Clause 4 scheme of examination for the Combined Competitive Examination was given, according to which, it was divided into three stages (1) Preliminary Examination (Objective Type/Multiple Choice) for screening only (2) Main Examination (Conventional (Essay) Type) (3) Personality Test (Vive-Voce). As per Note-I, candidates 15 times the number of advertised posts including bracketed candidates, if any, in their respective categories in order of merit of preliminary examination were to be admitted to the main examination. As per Note-3, candidates thrice the number of advertised posts including bracketed candidates, if any, in order of merit of main examination were to be called for Personality Test (Vive-Voce).
(3.) Petitioners primarily are concerned with the recruitment to the posts of HCS (Executive Branch) only.;