Allahabad High Court
U.P.Public Services Commission ... vs Jitendra Kumar Kaushal And Another on 7 November, 2019
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL No. - 513 of 2019 Appellant :- U.P.Public Services Commission Prayagraj Throu.Secy. Respondent :- Jitendra Kumar Kaushal And Another Counsel for Appellant :- Ashok Shukla Counsel for Respondent :- C.S.C.,Syed Zulfiqar Husain Naqv Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Heard Sri Ashok Shukla, learned counsel for the appellant and Sri Rohit Tripathi, learned counsel for the respondent no. 1.
This special appeal has been filed against the order dated 24.10.2019 passed by the learned Writ Court in Writ Petition No. 29892 (S/S) of 2019 by which the learned Writ Court while disposing of the writ petition directed the appellant to provide photocopies of all answer sheets to the writ petitioner within a period of ten days from the date of receipt of the application of the writ petitioner.
Learned counsel for the appellant has drawn our attention to the law laid down by the Apex Court in the case of Central Board of Secondary Education & Others Vs. Aditya Bandopadhyay & Others, 2011 (8) SCC 497 and in the case of Union Public Service Commission Vs. Angesh Kumar, 2018 (4) SCC 530, and submitted that in the said regard law is well settled subject to the certain condition the candidate is to be permitted to inspect the answer sheets of the examination. In support of the said submission, he further drawn our attention to the order dated 16.09.2019 passed by a Coordinate Bench of this Court in Writ-A No. 13943 of 2019 (Shah Alam Khan Vs. U.P. Public Service Commission and Others).
Per contra, learned counsel for the writ petitioner-respondent no. 1 has made statement at the Bar that the respondent no. 1 is only interested for inspecting the answer sheets of the main examination and, in case, the present case is disposed of in terms of the order dated 16.09.2019 passed by this Court in Writ-A No. 13943 of 2019, he has no objection to the same.
On due consideration of the aforesaid, with the consent of learned counsel for the parties, we intend to modify the order dated 24.10.2019 passed by the learned Writ Court and, as such, appellant is directed to permit the writ petitioner for inspection of the answer sheets of main examination subject to maintaining of the confidentiality of the examiner on a particular date which may be convenient to both the parties within a period of ten days from today.
With the aforesaid, present appeal is allowed in part.
No order as to costs.
[ Alok Mathur, J. ] [ Pankaj Kumar Jaiswal, J. ] Order Date :- 7.11.2019 Shekhar