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2024 Supreme(Del) 339

TUSHAR RAO GEDELA
Mohd. Haris Pasha – Appellant
Versus
Central Board of Secondary Education – Respondent


Advocates appeared:
Mr. Nehal A. Siddiquee, Mr. Adnan Yusuf and Mr. Arif Hussain, Advocates, for the Petitioner.
Ms. Anamika Ghai Niyazi, Mr. M.A. Niyazi, Ms. Kirti Bhardwaj, Ms. Nehmat Sethi and Mr. Arquam Ali, Advocates, for the Respondent-1.
Mr. Neeraj and Mr. Vedansh Anand, Central Govt. Counsels, for the Respondent-2, 3 and 5.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. This is a writ petition filed under Article 226 of the Constitution of India, 1950, inter alia, seeking the following reliefs:

    "a. Issue a writ of Mandamus or a writ of any other nature or order/direction thereby directing that an added mark of 1 and remove the deduction of 0.25 marks for the question under challenge be awarded to the Petitioners and consequent consideration of their answer papers after carrying out the necessary corrections in the answer key;

    b. Issue a writ of Mandamus or a writ of any other nature or order/direction thereby directing that the cut-off marks for the qualifying examination of Eklavya Model Residential School Staff Selection Examination (ESSE), 2023 be published by Respondent No. 2;"

2. It is the case of the petitioners that vide the notification dated 02.06.2023, the respondent No.2 had issued the Recruitment Rules in respect of various posts for Eklavya Model Residential School (hereinafter referred to as `EMRS') and for the conduct of EMRS Staff Selection Exam, 2023 (hereinafter referred to as "ESSE").

3. On 28.06.2023, a notice was issued inviting applicati

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