KAPIL MALIK Vs. UNION PUBLIC SERVICE COMMISSION
LAWS(DLH)-2007-10-334
HIGH COURT OF DELHI
Decided on October 12,2007

Kapil Malik Appellant
VERSUS
UNION PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

Vipin Sanghi, J. - (1.) THE Petitioner is a graduate (bachelor of Arts) from Delhi University. He has done his Master in Business Administration (MBA) from IMT, Ghaziabad and is presently pursuing degree in Master in Computer Computers (MCA) from Indira Gandhi National Open University New Delhi. He is working as an I.T. Consultant in a Multi National Corporation in Noida.
(2.) THE Petitioner appeared in the Union Public Service Commission (UPSC), Civil Services Examination, 2006 as a General candidate. The Preliminary examination was held on 14.5.2006. The Petitioner successfully qualified in the said examination and was permitted to take the Civil Services (Main) Examination, which took place w.e.f. 13.10.2006. The scheme of the Civil Services (Main) Examination 2006 provided for the following written examinations: Compulsory Papers : General Studies and Essays. Optional Subjects : Two optional subjects from amongst 54 subjects offered. Qualifying papers : English and Hindi or any other language mentioned in the 8th Schedule. The respondent UPSC declared the result of the Civil Services (Main) Examination 2006 on 14.3.2007. The Petitioner was declared as not having qualified in the written examination. The break up of the marks obtained by the Petitioner in the various written papers as disclosed by the Respondent is as follows: Subjects Maximum Marks Marks Obtained Essay (Paper III) 200 130 General Studies (Paper IV) 300 173 General Studies (Paper V) 300 041 Optional (1) Geography (Paper VI) 300 176 (Paper VII) 300 151 Optional (2) Sociology (Paper VIII) 300 132 (Paper IX) 300 162 Penalty Mark 0 Written Total 2000 965 Remarks: Not qualified in written. (Candidature provisional)
(3.) THE Petitioner state that he was shocked and dismayed to see his result, particularly, in relation to the General Studies (Paper V), which is the second paper of General Studies, wherein he had been awarded only 41 out of 300 marks. According to him, his expectation and estimation was around 151 marks in the said paper. He also submitted that he had not been awarded any penalty marks (negative marks), as is clear from the aforesaid disclosure made by the respondent UPSC. His apprehension was that either some of his answers had remained un -evaluated or that there was some calculation mistake of marks in the answer sheet, or that there was some typographical mistake in showing his marks in his published result. The Petitioner represented to the Respondent for re -checking, revaluation and sought an interview, to which he did not receive any response. When he sent a reminder he got a reply dated 24.3.2007, wherein the Respondent had stated that as per the practice of the Commission, revaluation of the answer sheets is not allowed and that on rechecking, it was found that there were no errors. The Petitioner thereafter approached the Central Administrative Tribunal, Principal Bench, New Delhi, (the Tribunal) by filing O.A. No. 1168/2007 assailing the authenticity of the result of his Civil Services (Main) Examination 2006 in respect of the Second General Studies paper wherein he was shown to have obtained only 41 out of 300 marks. The said application has however been rejected by the Tribunal and that is how the petitioner is now before us in this writ petition.;


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