Raghuveer (In Wria 21864 Of 2021) vs U.O.I Thru. Secy. (Defence), ...
2022 Latest Caselaw 1616 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL No. - 174 of 2022
 

 
Appellant :- Raghuveer (In Wria 21864 Of 2021)
 
Respondent :- U.O.I Thru. Secy. (Defence), Govt. Of India And Others
 
Counsel for Appellant :- Rajesh Kumar Kashyap
 
Counsel for Respondent :- A.S.G.I.
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Rajesh Kumar Kashyap, Advocate, learned counsel for the appellant and Sri Mahendra Kumar Mishra, Advocate appearing for the respondents.

The instant Intra-Court Appeal has been filed under Chapter-VIII Rule-5 of the Allahabad High Court Rules challenging the judgment and order dated 27.09.2021 passed by the Hon'ble Single Judge dismissing Writ Petition No. 21864 (S/S) of 2021, which was filed by the appellant with the following prayers:

"(i) to issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to produce the answer key of the petitioner in the interest of justice.

(ii) to issue a writ in the nature of mandamus commanding and directing the opposite parties to appoint the petitioner on the post of SOL GD trade in Army after perusal of the answer key of the petitioner in the interest of justice."

The appellant has himself annexed with the affidavit filed in this Special Appeal a letter dated 09.10.2020 written by the Public Information Officer giving information to the appellant under the Right to Information Act and a copy of answer sheet of the petitioner has been annexed with the aforesaid letter.

As a copy of the answer key of the appellant has already been provided to him, there was no occasion for the appellant to file the writ petition seeking a mandamus commanding the opposite parties to produce his answer key and the said prayer is wholly misconceived.

So far as the second prayer seeking a direction to the opposite parties to appoint the petitioner on the post of SOL-GD Trade in Army after perusal of the answer key of the petitioner, is concerned, the Hon'ble Single Judge has held that this Court may not enter into the facts as to whether the petitioner had rightly marked the answer key or not.

We are in agreement with the aforesaid reasoning of the learned Single Judge, as evaluation of the answer sheet is something which has to be left to be done by the experts of the concerned subjects and this Court cannot enter into the correctness or otherwise of the answers key given by the appellant and more particularly, when the answer sheet is in the form of an OMR sheet, which contains question numbers and markings made by the petitioner and does not contain the questions.

In view of the aforesaid facts, we do not find any reason to interfere with the judgment dated 27.09.2021 passed by the Hon'ble Single Judge.

This appeal lacks merits which is, accordingly, dismissed.

Order Date :- 27.4.2022

Ashish pd.