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2022 Supreme(SC) 624

HEMANT GUPTA, VIKRAM NATH
Union of India – Appellant
Versus
Mahendra Singh – Respondent


Advocates appeared:
For the Appellant(s) :Madhavi Divan, ASG Amrish Kumar, Priyanka Das, Nidhi Khanna, Vimla Sinha, Mansi Kumari, Raj Bahadur Yadav, Advocates
For the Respondent(s):Prashant Bhushan, Rahul Gupta, Alice Raj, Advocates

JUDGMENT

HEMANT GUPTA, J.

1. The challenge in the present appeal is to an order passed by the Division Bench of the High Court of Allahabad whereby appeal filed by the appellants was dismissed. Such appeal was directed against an order passed by the learned Single Bench of the High Court, wherein, an order dated 27.1.2017 passed by the appellants was quashed and thus, consequently, the candidature of the respondent [For short, the ‘writ petitioner’] was to be considered and accepted by the appellants.

2. The Employment Notice No. 1/2011 was published to fill up 11952 posts of Constables in the Railway Protection Force [For short, the ‘RPF’]. The process of selection comprised of written examination consisting of 120 multiple choice objection type questions of one mark each and of 90 minutes duration. The candidates had to obtain at least 35% marks (30% in the case of Scheduled Caste and Scheduled Tribe candidates) in the written examination for being considered for other Test such as Physical Efficiency Test [For short, the ‘PET’]. Para 8 Clause B of the Advertisement gives the re


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