Allahabad High Court
Anand Kumar Srivastava vs State Of U.P. And 18 Ors. on 11 November, 2019
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 2
Case :- WRIT - A No. - 61045 of 2016
Petitioner :- Anand Kumar Srivastava
Respondent :- State Of U.P. And 18 Ors.
Counsel for Petitioner :- Seemant Singh
Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner applied to Combined Lower Subordinate Services (General Selection) Examination, 2013, pursuant to the advertisement being advertised No.A-4/E-1/2013, issued by the second respondent-U.P. Public Service Commission, Prayagraj (for short "the Commission").
The case set up by the petitioner is that question no.6 of General Hindi and Essay paper was wrongly evaluated. Question no.6 carries 5 marks. Paragraph no.12 of the petition reads thus:
"12. That the respondents have incorrectly evaluated the papers of the General Hindi and Essay, in which the petitioner was required to answer 3 synonyms of each words against the question No.6. The copy of the question paper of General Hindi and Essay bearing Sr. No.218041 is being annexed herewith and marked as Annexure No.7 to this writ petition. The question no.6 is reproduced here which is of 5 marks.
Question No.6. NIMNLIKHIT SHABDO KE TEEN TEEN PARYAYWACHI LIKHIYE:-
INDRA, GANGA, NADI, HATHI, SURYA
The petitioner was required to answer 3 synonyms of each words in question, in fact, the petitioner answered 3 synonyms of all 5 words but the respondents have treated one synonyms answered by the petitioner in respect of word Indra to be incorrect, the respondents have also treated one synonyms answered by the petitioner in respect of word Ganga to be incorrect and the respondents have also treated one synonyms answered by the petitioner in respect of word Hathi to be incorrect.
The alleged incorrect synonym of word Indra is answered by the petitioner Madhawa.
The alleged incorrect synonym of word Ganga is answered by the petitioner Bhagirathi.
The alleged incorrect synonym of word Hathi is answered by the petitioner Kumbhi.
The claim of the petitioner is that all 3 synonyms in respect of word Indra, is correct on the basis of authentic and prescribed text book written by Dr. Prathvi Nath Pandey and Sushil Kumar Srivastava in respect of word Indra which shows that Madhwa is correct answer. The copy of the relevant portion of the books written by Dr. Prathvi Nath Pandey and Sushil Kumar Srivastava are collectively being annexed herewith and marked as Annexure No.8 to this writ petition.
The claim of the petitioner is that all 3 synonyms in respect of word Ganga is correct on the basis of authentic and prescribed text book written by Dr. Vashudevnandan Prasad, Sushil Kumar Srivastava, Dr. Raghav Prakash and N.C.E.R.T. and in respect of word Ganga which shows that Bhagirathi is correct answer. The copy of the relevant portion of the books written by Dr. Vashudevnandan Prasad, Sushil Kumar Srivastava, Dr. Raghav Prakash and N.C.E.R.T. are collectively being annexed herewith and marked as Annexure No.9 to this writ petition.
The claim of the petitioner is that all 3 synonyms in respect of word Hathi is correct on the basis of authentic and prescribed text book written by Dr. Raghav Prakash, Dr. Prathvi Nath Pandey and Sushil Kumar Srivastava in respect of word Hathi which shows that Kumbhi is correct answer. The copy of the relevant portion of the books written by Dr. Raghav Prakash, Dr. Prathvi Nath Pandey and Sushil Kumar Srivastava are collectively being annexed herewith and marked as Annexure No.10 to this writ petition."
Petitioner was required to answer three synonyms of each word in the question. Petitioner for the word "Ganga" answered "Bhagirathi" and for the word "Hathi" answered "Kumbhi", which were marked incorrect. According to the petitioner, synonyms of the words "Ganga" and "Hathi" have been correctly answered, "Bhagirathi" and "Kumbhi", respectively.
Pursuant to order dated 19 September 2019, learned counsel for the respondent-Commission has produced the answer copy of the petitioner pertaining to the disputed questions.
The answer script substantiates the pleadings of the petitioner set out in paragraph no.12 to the writ petition.
On being confronted with the authorities on the subject, Sri M.N. Singh, learned counsel for the respondent-Commission submits that the matter of the petitioner in respect of General Hindi and Essay paper shall be referred to an expert Committee and on the report of the committee, an appropriate decision would be taken by the second respondent-U.P. Public Service Commission, Prayagraj, within three weeks, thereafter.
In view thereof, the writ petition stands disposed of.
Answer scripts produced by the learned counsel for the respondent has been returned.
Order Date :- 11.11.2019
Atul
