Satya Poot Mehrotra and Pankaj Mithal, JJ. - (1.) -The present Special Appeal has been filed against the Judgment dated 28.10.2003 passed by the learned Single Judge, whereby Civil Misc. Writ Petition No. 43703 of 2003 filed by the appellants herein was dismissed on the ground that as per the records produced by the learned Standing Counsel regarding the marks obtained by the appellants in the Examination in question, the appellants could not be selected for admission in B.T.C. Course. Pursuant to the order dated 26.11.2010, the case is listed today.
(2.) SRI Satyendra Babu Shukla, presently posted as Deputy Registrar, Examination Regulatory Authority, U.P., Allahabad is personally present before the Court. He is identified by SRI P.P. SRIvastava, learned Standing Counsel. A Short Counter Affidavit sworn by Sri Satyendra Babu Shukla, has been filed today on behalf of respondent Nos. 1 and 2 in the appeal. Sri Satyendra Babu Shukla has produced before the Court the respective Answer-Sheets in respect of the appellant No. 1 (Dushyant Kumar), the appellant No. 2 (Rahul Kumar) and the appellant No. 3 (Km. Rakesh Rana). Sri Shukla has also produced before the Court the Key Answers on the basis of which the Answer-Sheets were examined and marks were awarded in the Answer-Sheets in respect of the Written Test.
(3.) SRI Shukla has stated before the Court that the appellant No. 1 (Dushyant Kumar) attempted 148 questions out of 150 questions in the Written Test. Answers in respect of 97 questions were rightly given by him, and therefore, he ought to have been awarded 122 marks in the Written Test. However, in the Tabulation Register, his marks in the Written Test have been incorrectly entered as 120. Sri Shukla has further stated that the appellant No. 2 (Rahul Kumar) attempted 145 questions out of 150 questions in the Written Test. Answers in respect of 100 questions were rightly given by the appellant No. 2, and therefore, he ought to have been awarded 129 marks in the Written Test. However, in the Tabulation Register, his marks in the Written Test have been incorrectly entered as 125.;