SPA/225/2023
2023 Latest Caselaw 1799 UK

                    Office Notes,
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SL.
         Date       or directions                     COURT'S OR JUDGES'S ORDERS
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      06.07.2023                     SPA No. 225 of 2023
                                     Hon'ble Vipin Sanghi, C.J.
                                     Hon'ble Rakesh Thapliyal, J.

1. Dr. Kartikey Hari Gupta, Mr. Rafat Munir Ali and Ms. Irum Zeba, learned counsels for the appellant.

2. Issue notice.

3. Mr. K.N. Joshi, learned Deputy Advocate General for the State of Uttarakhand, appears and accepts notice on behalf of respondent no. 1.

4. Mr. C.K. Sharma, learned counsel appears and accepts notice on behalf of respondent no. 2

5. Dr. Gupta states that respondent no. 3 was not noticed even in the writ proceedings. We, accordingly, dispense with the service on respondent no. 3.

6. The present Special Appeal is directed against the common judgment dated 24.09.2022, rendered in a batch of Writ Petitions, including Writ Petition (S/S) No. 116 of 2022 preferred by the appellant. The learned Single Judge dismissed the said Writ Petitions by the said common judgment, wherein the writ petitioners had assailed the Answer Key, in respect of some of the questions in relation to the public examination held by the respondents for the post of Assistant Teacher (LT Grade) in Government Schools in different subjects.

7. The appellant had earlier preferred Special Appeal No. 344 of 2022. However, that Special Appeal was withdrawn on 10.11.2022, while reserving the right to prefer a Review Petition. The appellant, thereafter, preferred the Review Petition before the learned Single Judge, being Review Application (MCC No. 05 of 2022). During pendency of the said Review Application, several other writ petitioners preferred Special Appeals before the Division Bench, which were decided by a common judgment dated 13.06.2023. In the light of the said development, the appellant withdrew the Review Application, with liberty to approach the appropriate forum. Consequently, the present Special Appeal has been preferred.

8. Dr. Gupta submits that the present Special Appeal is squarely covered by the judgment rendered by the Division Bench in a batch of Special Appeals, including Special Appeal No. 100/2023, 'Anil Dutt Joshi & others v. State of Uttarakhand & others'. He submits that the Division Bench had disposed of the said Special Appeals, with a direction to the respondent-Commission to re-examine the correctness of the Answer Key, in relation to Question Nos. 9 & 65 of Series 'A' Booklet.

9. He submits that the appellant had been given Series 'D' Booklet, and Question Nos. 9 & 65 of Series 'A' Booklet, were the same as Question Nos. 7 & 37 of Series 'D' Booklet.

10. In the light of the aforesaid, we dispose of this Special Appeal in terms of our common judgment dated 13.06.2023, rendered in Special Appeal No. 100/2023 and other connected Special Appeals, with a direction to the respondent-Commission to re-examine the correctness of the Answer Key in relation to Question Nos. 7 & 37 of Series 'D' Booklet.

11. The Special Appeal stands disposed of in the aforesaid terms.

12. Consequently, pending application(s), if any, also stand disposed of accordingly.

      (Rakesh Thapliyal, J.)     (Vipin Sanghi, C.J.)
          06.07.2023                06.07.2023
Rahul