SHRI DHAR YADAV vs THE STATE OF UTTAR PRADESH - 2024-02-19

O R D E R

1. This application has been moved by the applicant-one of the participants of the subject examination, seeking clarification of the order passed by this Court on 21st November, 2023.

2. Vide order dated 13th February, 2024, learned counsel for the respondent-State of Uttar Pradesh was directed to file an affidavit furnishing the details of the number of petitions pending in respect of the subject recruitment on the aspect of incorrect answers in the booklets, besides question No.88 which has already been decided vide order dated 21st November, 2023. In the meantime, it was directed that no further action shall be taken by the respondents upon declaring the results to the post of Lekhpal on 31st December, 2023.

3. Pursuant thereto, on the mentioning of Mr. Tushar Mehta, learned Solicitor General, the date in the present application was advanced to today. Learned Solicitor General submits that the respondent has no objection to a clarification being issued by this Court as requested. He states that the Court must keep in mind the fact that the careers of 8000 applicants will get stalled on account of the pendency of some matters before the High Court relating to alleged wrong answer keys to questions, besides question No. 88 of Booklet Series No. F. In other words, the State Government has no objection if such of the petitions filed by other applicants laying a challenge to the answers key to some questions in different Booklets in respect of the subject examination are decided by the High Court on merits, except for the one that stands decided by this Court vide order dated 21st November, 2023, as long as the same were filed on or before 21st November, 2023.

4. Ms. Vibha Dutta Makhija, learned Senior counsel appearing for the petitioners states that she has no objection to the suggestion coming from the other side.

5. Accordingly, the following orders are passed:

I. The issue relating to the answer to question No.88 of Booklet Series F stands decided by this Court and the same shall not be dealt with by the High Court or any other Court.

II. Other petitions that have been filed challenging the answers keys to any other question in any other Booklet, if filed on or before 21st November, 2023, shall be taken to their logical conclusion by the High Court within four weeks from today and the judgment passed shall be placed by the State Government before this Court before the next date of hearing.

III. Any petition filed after 21st November, 2023, questioning any of the answers keys to the questions in any of the Booklet Series or any other issue related to the subject examination, shall not be entertained by the High Court.

6. The State Government is at liberty to approach the High Court to request expeditious disposal of the petitions pending on the above aspects.

7. List on 22nd March, 2024.

(POOJA SHARMA) (NAND KISHOR)

COURT MASTER (SH) COURT MASTER (NSH)