Generally it may be observed, that though the condition of the track essentially is a question of fact which could not have been adjudicated on account of conflicting versions by the petitioners and the respondents but for the availability of the videography and the court having taken assistance of the Commissioner, whose observations made in this regard have been accepted by most of the petitioners and the respondents and contents thereof not at all in dispute, the same has facilitated the resolution of the issues raised by the petitioner. The efforts made by learned Court Commissioner Mr. Sharad Kothari, Advocate in presenting a report complete in all respects deserves appreciation. In view of the above discussion, based on the report of the Commissioner, which has been accepted by the parties, and qua one report the feeble objections raised have been rejected by the Court, the cases wherein the track has been found dry & firm / reasonably firm & settle / reasonably firm and the condition of the track was not found as wet-muddy, the petitions filed by the petitioners have no substance, the petitions wherein the condition of the track has been found as reasonably sticky /swampy, muddy & potholed / pretty muddy slightly muddy / somewhat muddy, the candidates deserve one more opportunity to undergo the PET.”
