Supreme Court - Daily Orders
Satyavrat Tiwari vs Uttar Pradesh Subordinate Service ... on 24 October, 2024
Bench: Hrishikesh Roy, Sudhanshu Dhulia
1
ITEM NO.13 COURT NO.5 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).25425/2024
(Arising out of impugned final judgment and order dated 23-09-2024 in
WRIT-A No. 12221/2024 passed by the High Court Of Judicature at
Allahabad)
SATYAVRAT TIWARI Petitioner(s)
VERSUS
UTTAR PRADESH SUBORDINATE SERVICE
SELECTION COMMISSION & ORS. Respondent(s)
IA No. 245734/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 245737/2024 - EXEMPTION FROM FILING O.T. IA No. 245746/2024 - INTERVENTION/IMPLEADMENT IA No. 245731/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 24-10-2024 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Gautam Awasthi, AOR Mr. Sahil Sharma, Adv.
Mr. Parijat Mishra, Adv. Mr. Ayush Choudhary, Adv. Mr. Devanshu Yadav, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard Mr. Sahil Sharma, learned counsel appearing for the petitioner.
2. The chief grievance of the petitioner is on account of the communication dated 8.7.2024 from the Controller of Examination, Signature Not Verified Uttar Pradesh Subordinate Service Selection Commission (UPSSSC), Digitally signed by Deepak Joshi Date: 2024.10.24 14:57:57 IST Reason: which has debarred the petitioner from appearing in any competitive examination anywhere as allegedly, he has indulged in 2 unfair means in the examination conducted in the year 2022.
3. The above was put to challenge by the petitioner in the Writ Appeal No.12221 of 2024. But the learned Judge of the High Court declined to examine the merit of the challenge and instead asked the petitioner to obtain clarification from this Court. Such clarification is sought in the context of this court’s direction dated 19.02.2024 (Annexure P-6).
4. The counsel submits that the said proceeding pertained to the aspect of the incorrect answers in the Booklet and has nothing to do with a case like debarment, by the communication dated 8.7.2024 of the Controller of Examination, which has to be taken as a stand alone case. Therefore, the merit of the challenge ought to have been considered by the High Court.
5. We have considered the above submission. Since we do not propose to pass any order on merit and only the following clarificatory order is proposed, without issuing notice to the respondents, it is clarified that the High Court is at liberty to proceed to consider the merit of the Writ Appeal No.12221 of 2024. This Court’s order dated 19.02.2024 in MA NO.276/2024 in SLP (Civil) No.25828/2023 will not come in the way of the High Court to consider as the petitioner’s stand alone case, pertaining to the communication dated 8.7.2024 of the Controller of Examination, UPSSC.
6. With the above order, the Special Leave Petition is disposed of. Pending application(s), if any, stand closed.
(DEEPAK JOSHI) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR