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2024 Supreme(All) 304

SAURABH SHYAM SHAMSHERY
Urvashi – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner:Amit Saxena (Senior Adv.) , Ashok Khare, Sr. Advocate, Ashwini Kumar, Babu Lal Ram, Bashisth Narain Pandey, Bheem Singh, D.C. Dwivedi, Ganesh Shanker Srivastava , Jitendra Shanker Pandey, Manoj Yadav, Mushir Khan, Nand Lal Pandey, P.K. Singh, P.K. Upadhyay, Prabhakar Awasthi, Ravindra Kumar Singh , Rohit Upadhyay, Shantanu Khare, Shashi Kant Singh, Shyamal Narain, Sushil Kumar, Suyash Pandey , Umesh Prasad Singh, Vijay Bahadur Yadadv, Vikram Yadav, Virendra Singh
For the Respondent: Akhilesh Kumar Singh, Amaresh Yadava, Ashok Kumar Yadav, Awadhesh Kumar, Bhanu Pratap Singh, Bhupendra Kumar Yadav, Chandrakesh Rai, Chheda Lal Verma, Krishna Kumar Chand, Mrigraj Singh, Nand Kishore Singh, Nisheeth Yadav, Pranesh Dutt Tripathi, Ram Bilas Yadav, Sanjay Kumar Singh, Shashi Kant Verma, Shivendu Ojha, Shravan Kumar Panday, Shyam Krishna Gupta, Sunil Kumar Srivastava, Syed Nadeem Ahmad, Vishnu Kumar Connected with Yogendra Singh Bohra

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Fairness is the soul of any competitive examination. Any compromise of merit would betray confidence and trust of meritorious candidates on examination system and in case some irregularity is detected during process of examination and there is a scope to cure it, in the interest of justice and to maintain fairness, an endeavour has to be taken to cure it. This is what happened in facts and circumstances of present cases.

2. Petitioners have participated in selection for recruitment of 68500 Assistant Teachers in Basic Education Department in the year 2018. After examination, petitioners were in the list of selected candidates (41556) in a result declared as 16th August, 2018. Petitioners thereafter appeared in counselling, their documents were verified, they were appointed and later on they joined in September, 2018 on probation of one year. Petitioners appointments were cancelled by means of similarly worded orders impugned in writ petitions and one of such impugned order dated 07.09.2019 annexed in leading writ petition, i.e., Writ-A No. 15229 of 2019, is reproduced hereinafter:

3. Sri Ashok Khare, learned Senior Counsel assisted by Sri Himan

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