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2017 DIGILAW 102 (HP)

Sunil Dutt Sharma v. State Of Himachal Pradesh

2017-03-01

PREM KUMAR, V.K.SHARMA

body2017
JUDGMENT V. K. Sharma, Chairman (Oral) - On the previous date of hearing (11.01.2017), the following order was passed in this matter:- "Pursuant to the advertisement notice dated 17.02.2009, Annexure P-9, the applicant had participated in the process for selection/appointment as Lecturer in Political Science (School Cadre). As per information obtained by him under the Right to Information, Annexure P-18, he (Sr. No.92) had scored 169 marks. However, as per Annexure P-20, cut-off marks for selection for General category to which the applicant belongs are 170, the difference being only of one mark. 2. As per answer key, Annexure P-17, answer of question No.2 of the Question Booklet Annexure P-10, which is extracted below, is said to be option (A):- 2. "Who among the following was not associated with the Swaraj Party? (A) N.C. Kelkar (B)C.R. Das (C)C. Rajagopalachari (D) Motilal Nehru. 3. However, according to the applicant, option (C) is the correct answer to Question No.2 as above. In this regard, he is placing reliance upon Reference Book: General knowledge-2010 By: Tarun Goyal, pages 44 & 45, Annexure P-21- (i)(colly.), General Awareness (Book), Reference: Trained Graduate Teachers-Manual, H.G Publications (India), New Delhi, pages 202 & 203, Annexure P-21(ii) (colly.) and Extract from http://www.winentrance.com/ general knowledge/history/Home - Rule-Movement-India, html, Annexure P-21 (iii)(colly). 4. In the facts and circumstances, interest of justice and on an overall view of the matter, there shall be a direction to respondent No.2, through its Secretary, to constitute a Committee of Experts to look into the above aspect and submit report of the Committee to this Tribunal in a sealed cover, latest by 28th February, 2017. 5. Liston 01.03.2017." Pursuant to the above order dated 11.01.2017, report of the Committee of Experts has been filed in a sealed cover within the stipulated period. 3. The sealed cover is ordered to be opened and the report taken on record. A perusal of the report reveals that correct answer to Question No.2 of the Question Booklet, Annexure P-10, is option (C) and not (A) as shown in the Answer Key, Annexure P-17. 4. 3. The sealed cover is ordered to be opened and the report taken on record. A perusal of the report reveals that correct answer to Question No.2 of the Question Booklet, Annexure P-10, is option (C) and not (A) as shown in the Answer Key, Annexure P-17. 4. In view of the above, the writ petition (now transferred application) is disposed of with a direction to respondents No.1 to 3 to take further action in the matter in the light of the report of the Committee of Experts referred to herein above in accordance with law as expeditiously as possible, but in any case not later than three months from the date of production of certified copy of this order before respondent No.2, through its Secretary, by the applicant. 5. The transferred application stands disposed of in the above terms.