- (1.) The petitioner is serving as a Sub Divisional Engineer in the Department of Public Works (B&R), Government of Haryana. As per the Punjab Service of Engineers Class-II PWD (Building and Roads Branch) Rules, 1965 (hereinafter referred to as the 1965 Rules), he is required to pass a departmental examination to become eligible for grant of increments. The passing of departmental examination is also a pre-requisite for further promotion to the post of Executive Engineer, as per the provisions of the Haryana Service of Engineers, Group A, Public Works (Buildings and Roads) Department Act, 2010 (hereinafter referred to as the 2010 Act).
(2.) In June 2010, the petitioner appeared in the departmental professional examination and on the declaration of the results of the same, the petitioner's score was as under :- JUDGEMENT_351_LAWS(P&H)1_2016_1.html
(3.) The petitioner was declared to have failed the examination, which the petitioner assails through the present petition. I have heard learned counsel for the parties and with their able assistance, have also gone through the record of the case. The petitioner, in all the four subjects, which comprise the departmental professional examination, had scored at least 40% marks in each and more than 50% marks in aggregate. Learned counsel for the petitioner drew the attention of this Court to Rule 9(1) of the Rules for Departmental Examination, 1950 (hereinafter referred to as the 1950 Rules), as amended in the year 1953, to urge that the prescribed pass percentage was 40% in an individual subject and 50% in the aggregate and that being so, as per the 1950 Rules, which were applicable, the petitioner should be declared to have passed the departmental professional examination. Per contra, learned counsel appearing on behalf of the State submitted that the 1950 Rules were not applicable. She drew the attention of this Court to the PWD Code, Punjab, 1961 (hereinafter referred to as the 1961 Code), which, according to her, was applicable, wherein the minimum pass marks in each subject were 50% and aggregate of not less than 60% was required to be declared pass in the departmental professional examination.;