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Allahabad High Court

Raghvendra Singh vs U.P. Public Service Commission, ... on 29 July, 2010

Bench: Sunil Ambwani, Kashi Nath Pandey

Court No. - 29
Case :- WRIT - A No. - 44025 of 2010
Petitioner :- Raghvendra Singh
Respondent :- U.P. Public Service Commission, Allahabad
Petitioner Counsel :- Satish Mandhyan
Respondent Counsel :- Pushpendra Singh

Hon'ble Sunil Ambwani,J.

Hon'ble Kashi Nath Pandey,J.

Heard Shri B.D. Mandhyan, Senior Advocate assisted by Shri Satish Mandhyan for the petitioner. Shri Pushpendra Singh has accepted notice on behalf of U.P. Public Service Commission.

The petitioner claims himself to be a brilliant student, and had qualified in the preliminary examinations of the Combined Upper Subordinate Examination 2007 held by U.P. Public Service Commission at Allahabad. In the mains examination, he has secured 135 marks out of 200 in Mathematics 1st Paper and 120 marks out of 200 in Mathematics 2nd paper.

By this writ petition, the petitioner has prayed for scrutinizing the marks of Mathematics 1st paper. It is alleged that in Public Service Commission, Kerela, there is a rule for re-checking the answer scripts for ranked lists published from 1.1.2007 onwards. There is, however, no such provisions made by the Public Service Commission, U.P. at Allahabad, discriminating the petitioner and other candidates, who have secured high marks, and are not declared successful in the main examination on account of the errors committed either in calculating the marks or in tabulation.

The petitioner has appeared in the competitive examination along with thousands of candidates. He has not placed any such material on record, which may satisfy us that he is a brilliant student and that he had faired well in the examinations. The question, whether the scrutiny should be permitted, is a policy matter of the Commission.

The competitive examinations are different than the academic examinations where respective boards frame rules for scrutinizing the marks and allow a chance of scrutiny.

The writ petition is dismissed.

Order Date :- 29.7.2010 RKP