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SAURABH SHYAM SHAMSHERY
Urvashi – Appellant
Versus
State Of U. P. – Respondent
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
The finality of public examination results and the reluctance to interfere with expert decisions, as well as the absence of provisions for re-evaluation in the rules, precluded the petitioner's right....
Candidates cannot challenge recruitment processes post-results without demonstrating legal injury or material error affecting their outcomes.
The Court cannot interfere with expert opinion unless key answers are patently wrong, and there is no provision for re-evaluation.
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