The High Court dismissed a writ petition wherein petitioners sought to quash the notice fixing dates for the U.P.P.S.C. Main Examination, 2017. The Court found no evidence that the dates clashed with other state examinations and rejected reliance on a newspaper report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- WRIT - A No. - 13906 of 2018
Petitioner :- Rajesh Nath Tiwari And 24 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Rakesh Pande Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.
Heard Sri Rakesh Pande, learned counsel for the petitioners and Sri Avaneesh Tripathi, learned counsel for the respondent/Commission.
By means of the present petition, the petitioners are seeking for quashing of the notice dated 23.5.2018 issued by U.P. Public Service Commission, Allahabad fixing the dates for Combined State/Upper Subordinate Services Main Examination, 2017, the advertisement of which was issued on 22.2.2017.
The present petition has been filed by 25 petitioners with the assertion that they are appearing in different examinations being conducted by Public Service Commission of other States. They are short listed in the preliminary examination and are waiting for the Main Examinations being conducted by the U.P. Public Service Commission. Initially, the dates of mains examination was fixed in the month of March, 2018 by U.P. Public Service Commission which was postponed for no cogent reasons provided by the Commission. Even otherwise, the subsequent postponement of the mains examination is causing serious prejudice to the petitioner.
In support of his submission, learned counsel for the petitioners places reliance on the averments made in paragraphs 13, 19, 21 and 26 of the writ petition.
However, no material in support of the said submission has been brought on record to establish that the dates on which the petitioners are supposed to appear in the mains examination being conducted by U.P.P.S.C., with reference to the subjects opted by them, clash with the dates on which they have been called upon to appear in the examination conducted by Public Service Commission of other States. No interview letter or call letter of any of the petitioners has been brought on record.
Lastly in a feeble submission, learned counsel for the petitioners placing reference to page '110' of the paper book submits that a news item was published in a daily newspaper "Hindustan" that the P.C.S. mains examination would be conducted in the month of July, 2017. In view of the same, the petitioners were under impression that they will get a time of approximately four months to prepare for the examination.
It is noteworthy that no credibility can be attached to the news item appended at page '110' of the paper book as it is not a Press
release issued by U.P.P.S.C. The Media Report cannot be taken note of by the Court in the legal proceeding.
In view of the above facts, this Court does not find any merit in the submissions of learned counsel for the petitioners to challenge the notice dated 23.5.2018 fixing the dates for Combined State/Upper Subordinate Services Main Examination, 2017 being conducted by the U.P. Public Service Commission, Allahabad.
The writ petition is, accordingly, dismissed .
Order Date :- 15.6.2018 Brijesh
2 issues framed by the court
Whether the writ petition seeking quashing of the notice fixing dates for the main examination merits allowance due to alleged clash with other state examinations.
Whether a media report published in a daily newspaper regarding examination dates can be relied upon as credible material before the Court.
Rajesh Nath Tiwari And 24 Others
State Of U.P.
Sunita Agarwal
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
