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1 - 8 of 8 (0.22 seconds)Jitender Kumar And Another vs Haryana Public Service Commission on 30 August, 2012
16. Similar controversy regarding deletion of the incorrect
questions came before this Court in CWP No. 10309 of 2012 titled
"Jitender Kumar versus Haryana Public Service Commission" decided
on 30.08.2012, 2012 (4) S.C.T. 283. While considering the same, this Court
held as follows:-
Dr. M.C. Gupta And Ors. vs Dr. Arun Kumar Gupta And Ors. on 15 December, 1978
In case of Dr.
M.C. Gupta and others Vs. Dr. Arun Kumar Gupta and others, 1979 (2)
S.C.C 339 the Hon'ble Supreme Court was considering a controversy
regarding selection made by the State Public Service Commission for two
posts of Professors of Medicines in the State Medical Colleges. Having
considered the matter, the Hon'ble Supreme Court had observed as under:-
Dalpat Abasaheb Solunke And Ors. vs Dr. B.S. Mahajan And Ors. on 6 December, 1989
In case of Dalpat Abasahed Solunke & Others V. Dr. B.S.
Mahajan & others (1990) 1 S.C.C 305 the Hon'ble Apex Court had
observed as follows:-
Article 226 in Constitution of India [Constitution]
Article 315 in Constitution of India [Constitution]
Tileshwar Tiwari And Another vs State Of U.P. And Another on 28 January, 2010
In support of this contention, reliance has also been placed
upon the Division Bench decision of Allahabad High Court in "Tileshwar
Ram and another vs. State of U.P. and others", 1986(4) SLR 487; the
judgment of the Division Bench of the Andhra Pradesh High Court in
"P.Subbarao and others vs. Andhra Pradesh Public Service Commission,
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Hyderabad", AIR 1961 Andhra Pradesh 378 in support of the submission
that the High Court exercising its powers under Article 226 of the
Constitution of India has no jurisdiction to interfere lightly with the internal
affairs of the procedure and practice in conducting examination for
recruitment into State service by the Commission.
P. Subbarao And Ors. vs Andhra Pradesh Public Service ... on 2 September, 1960
In that case if nature of assessee is
given (clarified) then the answer may be correct for Option 'A' also as
considered by the subject expert in case of the 'Company' and in that case
'D' i.e. 'all of the above' would also have been the correct answer. Once the
expert has opined that there is a doubt in that question itself, that question
has to be dropped for the sake of justice to all candidates and the actual
competition is restricted to 'remaining questions only', which is equally fair
to all the candidates. The various instances of other recruitments by
respondent No. 1/Commission pointed by the petitioner, wherein in holding
competitive examination for making the appointment on other posts in
different departments, respondent No. 1/Commission has awarded marks to
the candidates who have marked either of the two (02) correct options is not
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applicable on the facts of this case in view of the subject expert opinion
referring to the doubt in the question, thus the said ground raised by the
petitioner is considered and rejected.
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