He submitted
that, the ratio in Monu Tomar's case (supra) was on identical facts
and squarely applicable to the facts of the present case. He argued
that, the petitioners herein had relied on the finding of the Gujarat
High Court with which the Apex Court had not agreed. According to
the petitioners herein, there was no case of mass copying. There is
no evidence of leakage of papers. The administrative irregularities
noticed cannot be equated with the malpractices. Then, Mr Shah, the
learned Counsel referred to the discrepancies pointed out in the
vigilance report and submitted that, these are not the discrepancies
worth consideration. He submitted that, the space provided for
signature was small and, therefore, some signatures were in
compressed form. The variation in the signatures is on account of
such compression. He argued that, the photographs on Aadhar Card
or PAN Card are so bad that they hardly match with the actual
photographs of the candidates. Merely because the photographs on
Aadhaar Card or on PAN card do not match with the admission card
or application form it will not indicate that there was impersonation
on their part. With respect to OMR, he submitted that it was fault on
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40 RA6.2018&Ors
the part of agency involved in the recruitment process. The forms
were provided of eight digits whereas many candidates were
provided numbers of nine digits. The candidates were bound to
record their nine digit numbers in the OMR column which was made
only for eight digits. The candidates were constrained to make
necessary adjustments by addition of a line for accommodating first
or last digit. It is not a case of malpractice. He argued that, OMR
number was not only the source to identify the candidate's form. The
form provided BAR Code, photograph and signature to match the
identity of person appearing for the examination. He submitted that,
many candidates were having no email address, communication
address or mobile numbers and if they have given email address,
mobile number or communication address of their friends, it cannot
be called as serious discrepancy raising doubt about malpractice and
paper leakage. He criticized that, the academic score cannot be
compared with the score in the examination. In the present case, the
marks were given on objective basis when the candidates were
supposed to select one out of multiple choices. Therefore, mere poor
academic record cannot be a ground to suspect about the good scores
in the examination. Similarly, he argued that, the students of other
states might have prepared well for exam and therefore they might
have scored well in Marathi language. Alternatively, he argued that
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41 RA6.2018&Ors
if there are any serious circumstances in respect of some candidates,
their appointments can be withheld.
23. The Hon'ble Apex Court in Uptron India Ltd. v. Shammi
Bhan reported in AIR 1998 SC 1681 pointed out that, a wrong
concession on a question of law, made by a counsel is not binding on
his client and such concession cannot constitute a just ground for a
binding precedent.
The words "any other sufficient reason" has been interpreted
in Chhajju Ram vs. Neki, AIR 1922 PC 112 and approved by
this Court in Moran Mar Basselios Catholicos vs. Most Rev.
Mar Poulose Athanasius & Ors., (1955) 1 SCR 520, to mean
"a reason sufficient on grounds at least analogous to those
specified in the rule".