Allahabad High Court
State Of U.P. And 2 Others vs Rahul Sharma on 20 August, 2019
Equivalent citations: AIRONLINE 2019 ALL 2140
Bench: Vikram Nath, Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 55 Case :- SPECIAL APPEAL DEFECTIVE No. - 754 of 2019 Appellant :- State Of U.P. And 2 Others Respondent :- Rahul Sharma Counsel for Appellant :- Pankaj Rai Counsel for Respondent :- Rahul Jain Hon'ble Vikram Nath,J.
Hon'ble Pankaj Bhatia,J.
There is a delay of 59 days in filing the appeal. This application has been filed to condone the delay. Cause shown for the delay has been satisfactorily explained.
There is no objection from the side of the respondents.
Delay condonation application is allowed and the delay is condoned.
Office is directed to allot the regular number to this appeal.
Order on Appeal Heard Sri Ajit Kumar Singh, learned Additional Advocate General, assisted by Sri Pankaj Rai, Additional Chief Standing Counsel, for the State-appellant and Sri Rahul Jain, learned counsel for the respondent. The present appeal has been filed challenging the judgement and order dated 6.5.2019 whereby the learned Single Judge has directed the correction of the result of the petitioner therein in respect to three questions which were answered correctly as per the model answers but was not awarded the marks. The three questions i.e. Question Nos. 38, 41 and 116, their answers given by the candidate and the Model Answers are quoted herein below:
Q. No. 38 : ^^,pks∙;ok;ko%^^ lw= fdl lfU/k dk fo/kku djrk gS \ The answer given by the petitioner is : ^^,pks∙;ok;ko%^^ lw= ^v;kf/k lfU/k^ dk fo/kku djrk gS while the model answer is : v;kfn lfU/k@Loj lfU/k A Q. No. 41 : A person travels from place A to Place B with a uniform speed of 4 km/hr and returned back with a uniform speed of 2 km/hr. What is its average speed during the travel?
,d O;fDr LFkku A ls LFkku B rd ,d leku pky 4 km/hr ls tkrk gS rFkk ,d leku pky 2 km/hr ls okil ykSV vkrk gSA iwjh ;k=k esa mldh vkSlr pky fdruh gS \ The answer given by the petitioner is : vkSlr pky = 2 ny/n+y n = 4 km/h y = 2 km/h, = 2x4x2 = 16 km/hr 4+2 6 The model answer is : 8/3 fd0eh0@?k.Vk ;k 8/3 Km/hr ;k 2.67 fdeh0@?k.Vk ;k 2.67 Km/h ;k 2-2/3 km/h ;k 2.66 km/h ;k 16/6 km/h A Question No. 116: Who has become the first woman pilot in the Indian Navy?
Hkkjrh; ukSlsuk esa igyh efgyk ik;yV dkSu gS \ The answer given by the petitioner is : igyh efgyk ik;yV 'kqHkkaxh while the model answer is : ''kqHkkaxh Lo:i' A On the bare perusal of the answers as given by the petitioner, it is clear that they are similar to the model answers and in that context the learned Single Judge after perusal of the answer sheet as well as the model answers allowed the writ petition and directed for adding three marks for the above referred three questions.
Sri Ajit Kumar Singh, learned Additional Advocate General has stated that even minor variations cannot be corrected in exercise of powers under Article 226 Constitution of India.
This Court while deciding the Special Appeal No. 902 of 2019 (State of U.P. And 3 Others vs. Pradeep Kumar) and two other connected appeals has extensively dealt with the submissions and had dismissed the appeals filed by the State of U.P. raising similar issues. Following the said judgement in Special Appeal No. 902 of 2019 dated 13.8.2019 the present appeal has no merit and is liable to be dismissed.
The special appeal is, accordingly, dismissed.
Order Date :- 20.8.2019
Puspendra
(Pankaj Bhatia,J.) (Vikram Nath,J.)