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2022 Supreme(UK) 370

MANOJ KUMAR TIWARI
Kundan Singh Malara – Appellant
Versus
Uttarakhand Subordinate Service Selection Commission – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pankaj Chaturvedi.
For the Respondents: Pankaj Purohit, Abhilash Nainwal, Narain Dutt, Vinay Kumar.

JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. Heard learned counsel for the parties.

2. Since common questions of law and facts are involved in these writ petitions, therefore, they are heard together and are being decided by a common judgment. However, for sake of brevity, facts of Writ Petition (S/S) No. 3622 of 2018 alone are being considered and discussed.

3. Uttarakhand Subordinate Service Selection Commission issued an advertisement on 26.11.2015, inviting applications for appointment as Village Panchayat Development Officer. Petitioner, who belongs to General Category, responded to the said advertisement. According to petitioner, the Selecting Body issued admit card to him for appearing in the written examination, pursuant to which, he had appeared in the written examination held on 25.02.2018.

4. It is not in dispute that petitioner scored 67.75 marks, out of 100 marks; while, the score of marks of last General Category Candidate in the said selection is, 68.75. Thus, there is difference of only 1 mark.

5. It is the contention of the petitioner that he had indicated option (D) as correct answer to question no. 50 of Question Booklet Series ‘B’ however, the Selecting Body treated option (C

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