Facts of the Case
The instant petition filed under article 226 of the constitution of India presents the following factual matrix. The petitioners are aspirants under the Gujrat Administrative service
examinations. The petitioners appeared in the preliminary examinations and essentially found three questions in the master key requiring a re-look.
Arguments
The learned counsel appearing on behalf of the petitioner relied on the the decision of the Allahabad High Court in the case of Sunilkumar Singh and others v. U.P. Public Service
Commission and others decided by the Division Bench of the Allahabad High Court to present their extensive arguments to convince the court to overlook the judicial restraints and
to give relief.
The learned counsel appearing on behalf of the respondent reiterated the court's judicial constraint by citing the court's recent decision in Jigar Bharatsingh Kshtriya v. the State of Gujarat. While presenting their judgement, the court referred to the Supreme Court's decision in Ran Vijay Singh and Others v. State of Uttar Pradesh.
Observations by the Court
This court is aware that the Supreme Court has cautioned it to exercise great restraint and to be a reluctance to entertain arguments which challenge the correctness of the key answer in these particular petitions. However, the court pointed out that the petitioner's prima-facie position, in this case, is that of victims of ambiguous question framing in a time-constrained examination.
Further, in the case of Kanpur University through Vice Chancellor and others v. Samir Gupta and others 1983 4 SCC 309, which has been followed by the decisions while warning of judicial restraint, the court has recommended that there must be a system of avoiding ambiguity in questions. Accordingly, the two questions appear to be ambiguous in the present case.
Judgement
Nevertheless, on a perusal of the factual situation, the court despite its awareness of the limitations opted to grant the petitioners interim relief permitting them to appear in the exam
with directions.
Read Judgement @LatestLaws.com:
Share this Document :Picture Source :
