VARUN CHAUDHARY Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2010-9-392
HIGH COURT OF ALLAHABAD
Decided on September 01,2010

VARUN CHAUDHARY Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Dilip Gupta, J. - (1.) THE petitioner, who had appeared at the examination for selection to the post of Constable conducted by the U.P. Police Recruitment and Promotion Board, is aggrieved by his non -selection.
(2.) IT is stated that the petitioner belongs to the male General category and has obtained 119.2689 marks but he was not selected. It is also the contention that the respondents have not awarded marks for four wrong questions in Part II of the Question Paper and that the marking has not been done properly. Learned Standing Counsel appearing for the respondents states that the petitioner has secured less marks than the last selected candidate who had obtained 122.1855 marks and that the Board had taken a policy decision to award marks to all the candidates for these four wrong questions and candidates have been awarded the marks. Learned Standing Counsel also states that the examination was based on objective type of questions and the answers were given on OMR sheet and the marks have been awarded after checking from the OMR Scanner.
(3.) THE allegations made in the petition that marks have not been properly awarded are very vague and since the answer books have been checked by the OMR Scanner, there is no scope for any mistake in the marks awarded to the petitioner. The apprehension of the petitioner that marks have not been properly given is, therefore, without any basis. This apart, in the absence of any provision for revaluation of the answer books, it is not possible to issue any direction for revaluation of the answer books. The learned Standing Counsel has also pointed out that marks have been uniformly awarded to all the candidates for the wrong questions and that the petitioner has secured less marks than the last selected candidate in this category. In such circumstances, no relief can be granted to the petitioner.;


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