MUHAMMAD ADIL LATIF and another vs GOVERNMENT OF PUNJAB, IRRIGATION
This civil petition arises from a common judgment passed by the Punjab Service Tribunal, which dismissed the appeals of the petitioners regarding the change in criteria for a departmental promotion examination. The core legal question was whether the respondent-department could lawfully change the mode and criteria of the examination after it was conducted, specifically introducing a mix of multiple-choice and subjective questions, without violating established rules. The Supreme Court held that the petition lacked merit because the new criteria did not violate the PWD Code, did not affect the prescribed syllabus, and the competent authority possesses the discretion to change the examination criteria within the outlines of the syllabus. The key principle laid down is that a competent authority may alter the examination criteria or mode of testing within the permitted syllabus unless restricted by governing departmental codes.
- Whether the department can change the mode and criteria of a departmental promotion examination after it has been conducted?
- Does a change in the examination criteria from subjective to a mix of multiple-choice and subjective questions violate the PWD Code if it remains within the prescribed syllabus?
- Can a competent authority alter the evaluation criteria for a departmental examination in the absence of a statutory bar?
ORDER
' TASSADUQ HUSSAIN JILLANI, J.---This order shall dispose the titled civil petitions as both have arisen from a common judgment dated 21-7-2010 passed by the Punjab Service Tribunal, whereby the Tribunal dismissed the appeals of the petitioners.
2. The grievance being voiced before the learned Tribunal was that the departmental promotion examination held by the Irrigation and Power Department for Sub-Engineers was conducted on 11- 10-2010 and 12-10-2010 but without declaring result, they entirely changed the criteria and prescribed mode of question paper i,e, 40% of the paper was to be based on M.C.Qs. And the rest of the 60% was based on subjective paper.
3. Learned counsel for the petitioners seeks leave on the ground that having held the examination under certain criteria, the respondent-department could not have changed the mode of papers and that the promotion chances of the petitioners by the new mode have been adversely affected.
4. Having heard the learned counsel at some length, we find that it is not denied by the learned counsel, on court query, that the new criteria laid down by the department is not violate of the PWD Code. Even otherwise, the impugned notification does not affect the prescribed syllabus of the examination. There is nothing in the Code which prevents the competent authority to change the criteria of the examination within the outlines of the prescribed syllabus at any time. Since there is no allegation that the substituted criterion is against the prescribed syllabus, the impugned judgment is unexceptionable. Therefore, the petition, lacking in merit is accordingly dismissed and .