A writ petition challenging the Staff Nurse Grade-II Examination-2021 results praying for production of answer sheet for scrutiny. The court dismissed the petition, finding it lacks merits as the candidate scored below the minimum required marks and no statutory provision for screening existed.
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Court No. - 32 Case :- WRIT - A No. - 12551 of 2022 Petitioner :- Sushma Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Muktesh Kumar Singh Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent no. 1 to 3 as well as Shri Manoj Kumar Gupta, holding brief of Shri M.N. Singh, learned counsel for respondent no. 4.
Learned counsel for the petitioner has prayed for the following relief:-
"i) issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent no. 4 (Secretary, Uttar Pradesh Public Service Commission, Prayagraj) to produce the answer sheet of the petitioner "Booklet-D" before this Hon'ble Court for scrutiny of the answer sheet bearing Roll No. 26543 of the examination Staff Nurse/Sister Grade -II (Male/Female) Examination-2021."
Learned counsel for respondent no. 4 submits that the petitioner has prayed for scrutiny of the answer sheet bearing role No. 26543 for the examination of Staff Nurse/Sister Grade-II (Male/Female) Examination-2021.
Learned counsel appearing for respondent no. 4 has submitted that out of 100 marks the petitioner has secured only 24 marks and the selection has been made upon getting minimum 40 marks. He also submits that there is no provision for screening or the reevaluation of the answer sheet.
Learned counsel for the petitioner could not show any provision for screening or reevaluation of the marks.
Learned counsel for respondent no. 4 lastly submits that the petition is not maintainable as there is no provision or the statutory right in favour of the petitioner.
On due consideration to the argument advanced as well as perusal of the record, I am of the opinion that the petition lacks merits and is accordingly dismissed.
Order Date :- 1.9.2022/RC
Digitally signed by RAM CHANDER YADAV Date: 2022.09.05 11:09:52 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ of mandamus can be issued to direct the Uttar Pradesh Public Service Commission to produce the answer sheet of an unsuccessful candidate for scrutiny.
Sushma Yadav
State Of U.P.
State Of U.P. Public Service Commission, Prayagraj
M.N. Singh
Ram Chander Yadav
Karunesh Singh Pawar
As recorded by the court registry
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