JUDGEMENT
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(1.) One Mehadi Hasan field Civil Misc. Writ Petition No. 40836 of 2012 before this Court requesting therein to forthwith grant appointment to petitioner on the post of Lecturer in Geography within a period to be specified by this Court and request has also been made to revise the panel notified by the Notification dated 11.06.2012 within a period to be specified by this Court by excluding the name of Mukhtiar Singh in the select of OBC category candidate, Alok Kumar Srivastava, from General Category and by including the name of Jitendra Singh Chauhan, in the select list of general category and to exclude name of Rajendra Kumar, Charan Singh, Dharmendra Singh, and Anita Yadav from the select list.
On presentation of present writ petition on 23.08.2012 this Court asked Sri A. K. Yadav, Advocate to file his response.
(2.) Pursuant to the same, response in question has been filed and said response in question reflects that U.P. Secondary Education Services Selection Board advertised various posts, Advertisement No. 2 of 2010 pertained to Lecturer in Geography and Advertisement No. 1 of 2010 pertained to TGT Physical Education. All the petitioners have applied for consideration of their candidature and thereafter they appeared in the written examination and thereafter result of the written examination was published in news paper, and at earlier point of time when result has been declared petitioners of Civil Misc. Writ Petition Nos. 40271 of 2013, 40835 of 2013, 40698 of 2013 & 39053 of 2013 have failed to make place for themselves but in the garb of re-examination of result they have manipulated and got themselves shown to be amongst successful candidates.
(3.) In reference of Advertised No. 2 of 2010, Rajendra Kumar, with roll no. 061500526, scheduled caste candidate; Charan Singh, with roll no. 021501970, OBC candidate, Dharmendra Singh, with roll no. 081500924, OBC candidate, and Anita Yadav, with roll no. 091500744 OBC candidate, all have failed in the first round of written examination and thereafter pursuant to the order passed by this Court in Civil Misc. Writ Petition No. 50550 of 2011 (Brijesh Singh Dhillon Vs. State of U.P. and others), wherein in reference of Advertisement No. 2 of 2010 qua 8 question of Book let series "C" there was on issue of questions nos. 11, 13, 23, 34, 79, 100, 116 and 125 being correct or incorrect. Said questions were examined by the subject expert and therein question nos.11, 13, 23, 116 and 125 were found to be correct and only question nos. 34, 79 and 100 were found to be incorrect and in lieu of these three questions which were incorrect 3.4 marks was to be awarded for each of the question i.e. each candidate was to be awarded 10.20. Thereafter re-evaluation exercise was carried out by the then Chairman R.P. Varma and these four incumbents were shown have passed and all the four incumbents succeeded and their merit status has been at serial nos. 13, 1, 3 and 4 in the merit list. In reference of advertisement No. 2 of 2010, cut of merit of General category candidate was 333.20, cut of merit of OBC category candidate, was 336.60 and cut of merit of scheduled caste category was 292.40.;
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