CWP-17338 IN TH 214 Sapna Katari State of Punja CORAM: HO Present : AMAN CHA 1. respondents t (English). 2. P-1), the peti holding M.A dated 16.06.2 experience c (Annexure P since 15.07.2 satisfactory. A (Annexure P experience b 7338-2015 IN THE HIGH COURT OF PUNJA CHANDIGARH CWP Date o Kataria Versus f Punjab and another HON’BLE MR. JUSTICE AMAN Mr. Kapil Kakkar, Advocate, for the petitioner. Mr. Swapan Shorey, DAG, Punj CHAUDHARY, J. (ORAL) Prayer made in the present p dents to consider the case of the petiti Pursuant to the advertisement he petitioner had applied for appointm g M.A. (English) and B.Ed. qualific 6.06.2001 (Annexure P-2) and 04.07. nce certificate from Siksha Sada ure P-4), stating her to have been in 15.07.2002 vouching for her condu ctory. Accordingly, her name appeared ure P-7) at Sr. No. 36 with 62.2667 nce but 5 marks were deducted in th - 1- UNJAB & HARYANA AT GARH CWP-17338-2015 (O & M) Date of decision: 14.01.2025 ....Petitioner ...Respondents MAN CHAUDHARY , Punjab. sent petition is for directing the e petitioner for the post of Lecturer ment dated 23.09.2009 (Annexure pointment to the post of Lecturer, ualifications, supported by DMCs 04.07.2002 (Annexure P-3), and an Sadan, Zira, dated 02.08.2006 in service as an English Teacher conduct and work to have been peared in the provisional merit list 2.2667 marks, awarding marks for d in the final merit list (Annexure PARVEEN KUMAR 2025.01.17 14:04 I attest to the accuracy and integrity of this order/judgment. CWP-17338 P-10), reduci candidate bei 3. final merit l certificate, is 2006, the yea when she ini had herself i M.A. to be of Part-I as well 4. The d basic examin issuance of judgement Division Ben the petitione prevail over t the improved the petitioner and directed acknowledge called for an 2013 SCC O 7338-2015 reducing her score to 57.2667 marks ate being respondent No. 3, being 60.7 The sheet anchor of the decisio erit list, thereby denying her the a ate, is ensconced in the consideratio he year she appeared for the improvem he initially passed the M.A. examina rself in an online data and a scrutiny o be of 2006, the year in which she ha s well. he doctrine of relation back in the r xamination, which in essence, was t e of notice of motion on 20.08.20 in Preeti Gulia v. State of H n Bench while answering the issue o titioner, achieved after reappearing over the earlier marks in the affirmati proved results “relate back" to the orig itioner therein as if she had always po irected that her updated score i ledged in place of her earlier score for an interview and considered for app SCC OnLine P&H 448 marks, Those of the last selected g 60.75 marks. ecision to reduce her marks in the the advantage of the experience deration of her M.A. degree from provement exam, rather than 2001, amination, as also the fact that she crutiny form submitted, mentioned she had improved her marks in MA the result of improvement to the was the principal impetus behind .08.2015, a view fortified by the e of Haryana1 delivered by the ssue of whether improved marks of aring for an examination should firmative, categorically holding that he original date, effectively treating ays possessed the enhanced marks ore in her M.Com degree be r score and instructed that she be for appointment. PARVEEN KUMAR 2025.01.17 14:04 I attest to the accuracy and integrity of this order/judgment. CWP-17338 5. announced, it its logical and 6. a fallout ther to consider a selection, tak which serves 15.07.2002, rather than 2 within a perio notional senio 14.01.2025 parveen kum Wheth Wheth 7338-2015 Once the result of an im , it has to be put into force, ensur cal and rightful conclusion. Having evaluated the matter in ut thereof, the present petition is dispo sider and appoint the petitioner, subj on, taking into account the experienc serves as evidence of her employment 002, treating her M.A. degree to h than 2004/2006, where she improved a period of 2 months. It is clarified tha al seniority, pay fixation etc, but not ac n kumar Whether speaking/reasoned : Yes / No Whether reportable : Yes / No n improvement examination is ensuring that it follows through to ter in the above perspective and as disposed of directing respondents r, subject to her merit position in erience certificate (Annexure P-4) yment as an English Teacher since e to have been awarded in 2001, roved her score. Needful be done that she shall be entitled to only not actual monetary benefits. (AMAN CHAUDHARY) JUDGE s / No es / No Y) PARVEEN KUMAR 2025.01.17 14:04 I attest to the accuracy and integrity of this order/judgment.