Court including the case of Dilip Kumar Mehta Vs. RPSC: SBCWP No. 2499/2017, decided on 22nd February, 2017, wherein directions were issued for constitution of expert committee consisting of Head of Department of respective subjects and for revision of the result, accordingly. 10. Referring to opinion in the case of Devesh Kumar Sharma Vs. Secretary, RPSC: SBCWP No. 4867/2017, decided on 25th April, 2017; it is urged that respondent-RPSC, was saddled with a cost of Rs. 5,00,000/- (Rupees Five Lacs Only), taking note of the fact that respondent-RPSC, even after having conducted numerous competitive examinations for recruitment to various posts, failed to conduct even a single examination; that was not put to judicial scrutiny and result revised. It is contended that the opinion of the learned Single Judge in the case of Devesh Kumar (supra), was confirmed by the Division Bench declining intra-court appeal: D. B. Special Appeal No. 648/2017, on 3rd May, 2017. Reference has also been made to the oder dated 17th March, 2017, in the case of Rajesh Kumar Sharma Vs. Secretary, RPSC: SBCWP No. 3985/2017, wherein the respondent-RPSC was directed to constitute an expert committee taking note of the wrong answer key issued by the RPSC. Reliance is also placed on the opinion of the Apex Court of the land in the case of Kanpur University, through Vice-Chancellor and Ors. vs. Samir Gupta and Ors.: (1983) 4 SCC 309 and Manish Ujwal and Ors. vs. Maharishi Dayanand Saraswati University and Ors.: (2005) 13 SCC 744, wherein the Apex Court of the land endorsing the view in Kanpur University (supra); observed that it would be unfair to penalize the students for an answer which is demonstrably wrong.
