Allahabad High Court
Anand Kumar vs State Of U.P. And 3 Others on 19 January, 2023
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 4887 of 2021
Petitioner :- Anand Kumar
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- K.K.Rao,Pradeep Kumar Srinette
Counsel for Respondent :- C.S.C.,Arun Kumar
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Arun Kumar, learned counsel for the respondent no.3.
Present petition has been filed for writ of mandamus directing the respondents to correct the answer key dated 8.5.2020 and award the marks to the petitioner in accordance with modified answer key regarding the Assistant Teacher Recruitment Examination, 2019.
Learned counsel for the petitioner submitted that he has challenged the answer of five questions of Booklet A having questions nos. 47, 54, 60, 76 & 106. He next submitted that several other petitions have been filed challenging the answers of many questions and ultimately matter went up to Division Bench of this Court in Special Appeal Defective No. 343 of 2021 alongwith connected matter in which Court has verified the correctness of answer key and came to conclusion that answer no.60 is not correct and issued direction to award one mark to all such candidates, who could not qualify the test due to shortage of one mark coupled with this condition that they have filed the writ petition till the date of judgment.
He next submitted that petitioner belongs to SC category and obtained 89 marks and for SC category minimum qualifying marks is 90 marks. Further, in his petition, he has also challenged the validity of answer of question no.60 and also filed writ petition in the High Court on 16.3.2021, therefore, he is also entitled for the benefit of one marks as directed by this Court vide order dated 25.8.2021 in Special Appeal Defective No. 343 of 2021.
Sri Arun Kumar, learned counsel for the respondent no.3 could not dispute the aforesaid facts.
I have considered the rival submissions advanced by the learned counsel for the parties and perused the record as well as judgment of this Court passed in Special Appeal Defective No. 343 of 2021. As argued by the petitioner, Division Bench of this Court vide order dated 25.8.2021 in Special Appeal Defective No. 343 of 2021 has awarded one marks against the question no.60 to all such candidates, who could not qualify the test due to shortage of one marks and further file petition till the date of judgment. Relevant paragraph of the said judgment is quoted hereinbelow:-
"The matter is not referred to the expert for its examination finding that answer to Question No.60 was not correctly selected. The issue could not even be contested by the respondents thus to avoid further delay in the matter, we direct the respondents to take a decision appropriately to award one mark to the litigants till date.
To avoid any complication, the non-appellants can give value of one mark to the litigants for Question No.60 which otherwise can be with deletion to increase the value of all the questions proportionately but then it may open a Pandora and this Court do not intend to disturb the appointments already made thus direction is kept limited to the writ petitioners. If with award of one mark to any of the litigants till date before Allahabad High Court, they find place in the merit, then the respondents would give them appointment, subject to satisfaction of other conditions, if any.
The exercise aforesaid would not effect in any manner the selection or appointments already made. The benefit would be given to the appellants and the writ petitioners, if they are short of one mark and not otherwise. If any of the litigant till date are short by two marks in the merit, they would not be entitled to any benefit of this judgment.
With the aforesaid direction, all the appeals are disposed of after causing interference in the impugned judgment limited to Question No. 60."
Undisputedly, the controversy raised by the petitioner is squarely covered with the judgment of this Court passed in Special Appeal Defective No. 343 of 2021. Petitioner belongs to SC category and got 89 marks. Minimum qualifying marks in the said category is 90 and petitioner has also filed present petition within the timeline fixed by the Division Bench of this Court.
Therefore, under such facts and circumstances of the case, the writ petition is disposed of in terms of order dated 25.8.2021 passed in Special Appeal Defective No. 343 of 2021. Respondents are directed to award one marks to the petitioner and other consequential benefits, if any.
Order Date :- 19.1.2023
Junaid
