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1 - 9 of 9 (0.21 seconds)Mahendra Pal vs Union Of India & Ors on 27 September, 2016
The applicant has also placed reliance on the
judgement of this Bench of the Tribunal in O.A./1469/2016
(Mahendra Kumar Pal vs. UOI & ors) decided on 08.07.2024,
wherein the impugned order cancelling the candidature of the
applicant on the allegation of violating the instruction in the OMR
sheet was set aside relying on the case laws cited by the applicant
in the cases of (i) Vipin Kumar Tiwari & Another Vs. Union of
India & Others decided by Hon'ble Allahabad High Court in
Writ-A No. 24535 of 2017 on 30.4.2019 ; (ii) Kumkum Vs. Union
of India & Others decided by Hon'ble Allahabad High Court in
Writ-A No. 54845 of 2014 on 3.11.2020 and (iii) Rajendra Singh
Vs. Union of India & Others decided by CAT, Allahabad Bench in
O.A. No. 190 of 2014 on 12.2.2021. The relevant quotations from
the aforesaid order is being reproduced below:-
Binit Chandan Son Of Siddheshwar Prasad vs Vice Chancellor, Allahabad ... on 22 September, 2006
5. It is argued by learned counsel for the applicant that the applicant
actually did not indulge in impersonation. Impersonation also
comes under the category of using unfair means and the law on
the subject is very clear. A show cause notice was required to be
issued and the reply of the applicant should have been called for,
only thereafter, the examination cell could have passed the order.
In the instant case neither any show cause notice was issued to the
applicant nor his reply was called for. Thus, the principles of
natural justice have not been complied with. In such a situation,
the order canceling the applicant's candidature on the ground of
impersonation cannot be sustained. Reference in this regard may
be made to the cases of Binit Chandan Vs. Vice Chancellor,
Allahabad University, Allahabad, 2007 (66) A.L.R. 8 (Summary)
and Deepak Srivastava Vs. Vice Chancellor, Allahabad University,
Allahabad and others, 2007 (66) A.L.R.29 (Summary).
Priyanka Kumari vs Jharkhand Academic Council Ranchi ... on 20 November, 2013
In
Priyanka Kumar vs Jharkhand Academic Counsel & Anr (W.P.
(C) No.5198 of 2013) [213:JHHC:13360], in which case also the
petitioner's result was not published because she failed to put her
signature in the OMR sheet and the applicant had claimed that it
was a mere technical ground as her identity could also be verified
from the counter foil of the Admit Card and the Hon'ble High
Court of Jharkhand at Ranchi had directed the Chairman, JAC to
consider the petitioner's representation ignoring the trifling
defect/technicality and pass appropriate order within a stipulated
time.
Sachin Agarwal (Minor) vs State Of U.P. And Another on 30 July, 1998
The applicant has also relied on the case of Sachin Agarwal
(Minor) vs. State of Uttar Pradesh [1999 AIR (All) 157] wherein
the petitioner's result was cancelled as he was alleged to have
indulged in unfair means and the Hon'ble High Court of
Allahabad held that "In the instant case, the question of inflicting
punishment of cancellation of result did not arise as it has not
been established beyond reasonable doubt that the petitioner had
adopted unfair means in writing answer to question No.3-Ga,
above. The impugned order dated 6.12.1997 cancelling the result
of the petitioner has, therefore, to be quashed."
Union Of India & Ors. vs Suneel Kumar on 6 October, 2021
The case of
Union of India & Ors. vs. Suneel Kumar [AIRONLINE 2021
Digitally signed by
MADHU KUMARI
MADHU KUMARI
Page 6 of 11
O.A./1399/2014
DEL 1907] is regarding cancellation of candidature on mismatch
of signature which is different from the facts of this case.
Rakesh Kumar Singh vs The Union Of India East Central Railway ... on 18 September, 2017
In O.A.
No./289/2017 (Rakesh Kumar vs. General Manager Northern
Railway and ors.) decided on 10.11.2023, the Principal Bench of
this Tribunal, taking parity with other similar cases, had quashed
the impugned order that cancelled the candidature of the applicant
on the ground of violating an instruction in the OMR sheet as per
which the bubble once darkened was not allowed to be erased with
a blade or fluid.
K.P.Singh Iii vs Uoi & Ors on 28 October, 2022
In the case of Dharm Veer Singh (supra), this Tribunal has
held as under:-
Union Of India And 2 Others vs Dharam Veer Singh on 15 July, 2021
In the case of Union of India & Others Vs. Dharm Veer
Singh, the Hon'ble Allahabad High Court has held as under:-
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