Supreme Court - Daily Orders
Union Of India And Ors. vs Gudura Raja Surya Praveen on 30 July, 2019
Bench: R. Banumathi, A.S. Bopanna
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ITEM NO.20 COURT NO.7 SECTION XII-A
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). 18592/2016
(Arising out of impugned final judgment and order dated 18-11-2015
in WP No. 28874/2015 passed by the High Court Of Judicature At
Hyderabad For The State Of Telangana And The State Of Andhra
Pradesh)
UNION OF INDIA AND ORS. Petitioner(s)
VERSUS
GUDURA RAJA SURYA PRAVEEN Respondent(s)
Date : 30-07-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE R. BANUMATHI
HON'BLE MR. JUSTICE A.S. BOPANNA
For Petitioner(s) Ms. Snidha Mehra,Adv.
Ms. Rukhmini Bobde,Adv.
Mr. Rajat Nair,Adv.
Mr. Mukesh Kumar Maroria, AOR
For Respondent(s) Mr. Sridhar Potaraju, AOR
Ms. Shiwani Tushir,Adv.
Ms. Shweta Parihar,Adv.
Ms. G.Usha Sri,Adv.
UPON hearing the counsel the Court made the following
O R D E R
We have heard learned counsel appearing on behalf of the parties.
The issue relates to incorrect coding of the particulars of the test form number in OMR Sheet relating to the Combined Signature Not Verified Digitally signed by MADHU BALA Date: 2019.07.31 Graduate Level Examination, 2014.
17:14:21 IST Reason: Having taken note of this
aspect, we find that the issue as raised in this petition need not be adverted to on its merits since in the peculiar facts and 2 circumstances of the case it would suffice if the relief granted by the Tribunal and upheld by the High Court is limited only to the respondent.
The observations/directions as contained in the order of the High Court granting the general relief of evaluation of answer sheets to all candidates reads as under:
"All the unemployed young persons may not have adequate financial support to carry on with litigation. It is not the petitioner who has approached the Court alone who might get the ultimate relief, but it might be the one which may not have the necessary wherewithal to approach the Court who should be getting the actual relief, if he is better candidate than the one who has approached the Court. But, that would depend upon the relative merit of the candidates. In fact, this is the very same principle applied while dealing with the litigation relating to admission to medical colleges, engineering colleges and other higher educational institutions is pursued by the Courts. Therefore, a similar approach is called for even in the matter of public employment. The writ petition is accordingly, dismissed but however, without costs.
Therefore, we direct the staff selection commission to undertake evaluation of the answer sheets of all such candidates who might have made an error in not thickening/blackening the appropriate circles relating to one column or the other for hall ticket number, roll number and accordingly, declare their results at the earliest".
Since we have limited the relief to the respondent-herein, the above said general direction shall stand set aside and we reiterate and clarify that the relief granted by the High Court would stand limited to the case of the respondent- herein.
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The special leave petition is, accordingly, disposed of. The question of law raised by the Union of India is left open. Since the examination is of the year 2014, it is expected that the Union of India will take the follow-up steps qua the respondent as expeditiously as possible.
Pending application(s), if any, shall also stand disposed of.
(MADHU BALA) (NISHA TRIPATHI) COURT MASTER (SH) BRANCH OFFICER