ALLAHABAD HIGH COURT
BEFORE : VIVEK KUMAR BIRLA, J.
SAKET KUMAR AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 67782 of 2014, 14836, 20370, 12647, 19827, 12761, 12992, 734, 17866, 16791, 9938, 14742, 20119, 13281, 14744, 16649, 16323, 17610, 19382, 19509, 15483, 15487 and 15715 of 2015, decided on 29th May, 2015)
Hon’ble Vivek Kumar Birla, J.—All these writ petitions involve common facts, questions of law and the controversy to be decided, hence, as agreed by the learned counsel for the parties, they have been heard together and are being decided by a common judgment.
2. Heard Sri Ashok Khare, learned Senior Advocate and Sri Seemant Singh, Advocate for the petitioners and Sri Shashi Nandan, learned Senior Advocate, Sri Gajendra Pratap, learned Senior Advocate, Sri R.K. Ojha, learned Senior Advocate, Sri Shailendra, Sri K.M. Asthana, Sri Abhishek Srivastava, learned counsel for the newly impleaded respondents and Sri Vijai Bahadur Singh, learned Advocate General assisted by Dr. Y.K. Srivastava and Sri Udai Pratap Singh, learned Standing Counsel. Other counsel have adopted their arguments.
3. The writ petitions as per the relief sought can be broadly divided into three groups. In the first group of writ petitions, a writ of mandamus commanding the respondents to exclude the candidates who have used whitener/blade in their answer script (OMR sheets) of the main examination for selection to the post of Sub-Inspector (Civil Police) and Platoon Commander, P.A.C. Joint Examination, 2011 held on 14th September, 2014 from the result of main examination declared on 20.10.2014 by the U.P. Police Recruitment and Promotion Board, Lucknow (hereinafter referred to as the Board) has been sought. A further prayer to issue a writ of mandamus, commanding the respondents not to allow such candidates, who have used whitener/blade in their answer scripts (OMR sheets) of the main written examination held on 14th September, 2014, being contrary to the clear instructions issued by the Board, in the next level of recruitment, i.e., group discussion, which is going to commence from 11th December, 2014, has also been made.
4. In the second group of petitions, a prayer for quashing the order dated 1.2.2015 passed by the Under Secretary, Recruitment Board by which the Board has decided to constitute a committee to examine the use of whitener/blade by the candidates while attempting the main examination, has been sought. It is further prayed that the respondents be directed not to revise or interfere in the result of main written examination held on 14.9.2014, which has already concluded and further, not to exclude the OMR sheet of the petitioners on the foundation of Clause 7.3 of the instruction dated 2.9.2014 and that the final result of the petitioners be declared. The leading petition of this group being Writ Petition No. 9938 of 2015 was argued by Sri K.M. Asthana, learned Advocate and while arguing the same it was submitted by him that he is not pressing his first prayer. In so far as the third prayer of this group is concerned, i.e., to declare the result, the same has become infructuous as the result had already been declared on 16.3.2015.
5. In the third group of petitions, it has been prayed that the final result declared on 16.3.2015 be quashed to the extent of excluding the candidates who have used whitener/blade while attempting main written examination.
6. There are other petitions also, where the prayers are differently worded. In Writ Petition No. 13281 of 2015, it was prayed by the selected candidates that they may not be ousted from the zone of consideration and not to treat them as ineligible while declaring result.
7. In Writ Petition No. 15483 of 2015, a writ of mandamus directing the respondent No. 2 to re-scrutinize the result of Mains Written Exam with regard to Sub Inspector Civil Police/Platoon Commander, Provincial Armed Constabulary Direct Recruitment Examination - 2011 after deleting the marks, if any, awarded to the candidates for the question, for the answers where whitener or blade has been used by candidate, irrespective of the fact as to whether the machine has read that entry or not and also to decide the representatio
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