Court No. - 38 Case :- WRIT - A No. - 44511 of 2010 Petitioner :- Sandip Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- M. P. Mishra Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
The petitioner was one of the candidates for the police recruitment
held by the respondents. According to the petitioner, 4 questions in
part II and 2 questions in Part IV were not correct, therefore, the
marks given by the respondents are not correct and their answer
books may be re-examined. The Court has put a query to that
effect to the Standing Counsel and today learned Standing Counsel
has produced the instructions as well as the judgement passed by
the Division Bench of this Court in Writ Petition No. 2669 (MB)
of 2009, Pawan Kumar Agrahari Vs. Public Service
Commission U.P and others. In the similar type of matter, the
Division Bench of this Court has held that “Likewise in regard to
the answers to the questions…. the experts have given their report
and have relied upon the noted authorities.
We thus do not find merit in the challenge set forthwith by the
petitioner. The writ petion is therefore, misconceived and is
hereby dismissed.”
Further it is mentioned that due to incorrect questions in two
papers, the marks of those questions have been included in the
number of respective applicants and in spite of the aforesid facts, if
a candidte has not obtained cut of marks, then he has been declared
unqualified. From the explanaiton given, it does not appear that
any fault has been committed by the respodnents while examining
the answer books of the various applicants.
In such circumstances, I am of opinion that this Court cannot
become an examining body and therefore, no relief can begranted
to the petitioner.
The wirt petition is dismissed.
No order is passed as to costs.
Order Date :- 30.7.2010
V.Sri/-