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2017 DIGILAW 2691 (RAJ)

Union Public Service Commission Through Its Secretary v. Lala Ram Yadav S/o Chhitar Mal

2017-12-05

DINESH CHANDRA SOMANI, PRADEEP NANDRAJOG

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ORDER : 1. Heard learned counsel for the parties. 2. It is settled law that Tribunals constituted by a statute do not have power which a High Court has under Article 226 of the Constitution of India and thus cannot issue directions in public interest. 3. In the instant case, the Central Administrative Tribunal has held that UPSC must devise scheme for re-evaluation of answer-sheets. Indeed, administrative chaos would be created if candidates are permitted re-evaluation of answer-sheets for the reason results pertaining to public appointments would get delayed and the ultimate negative impact thereof would be on the citizens of the country for the reason if public posts are not filled up in time the cause of citizens is adversely affected. 4. We find on this issue the Kerala High Court having issued certain directions against UPSC to provide facility for re evaluation of the answer-sheets. The matter currently awaits consideration before the Supreme Court. In SLP(Civil) No. 33761/2012 stay has been granted. 5. The issue would therefore be finally decided by the Supreme Court and thus we dispose of the petition relieving the petitioners from the direction issued by the Tribunal in its order dated 18.04.2017 in Original Application No. 666/2012.