Yashwant Varma, J. - (1.) Heard Sri Manish Singh, learned counsel for the petitioner and Sri Kailash Singh Kushwaha, learned counsel who appeared for the Commission.
(2.) This petition has been preferred for the respondents being commanded to award a mark in respect of Question No. 46 of Booklet Series "C" to the petitioner and to consequently prepare a fresh select list. The issue itself arises in respect of a recruitment exercise initiated by the Commission for selection of suitable candidates to the post of Gram Panchayat Adhikari. The advertisement offered 3587 posts of Gram Panchayat Adhikaris to be filled by prospective candidates. The controversy centered around Question No. 46 which was to the following effect: "46. Presently who is the Panchayati Raj Minister in Uttar Pradesh? A. Sh. Shivpal Yadav B. Sh. Kailash Yadav C. Sh. Balram Yadav D. Sh. Durga Prasad Yadav"
(3.) The petitioner admittedly chose Option -A "Sri Shivpal Yadav" as being the Panchayati Raj Minister in Uttar Pradesh. The answer key which was uploaded by the Commission reflected the correct answer to the question to be Option-B "Sri Kailash Yadav". The Commission in its Counter Affidavit has submitted that Sri Kailash Yadav was the Panchayati Raj Minister at the time when the question paper was framed and prepared. According to the facts as disclosed in this Affidavit and which are not disputed, Sri Kailash Yadav met an untimely demise on 9 February 2016. The examinations were held on 21 February 2016. It is in the context of the sudden passing away of Sri Kailash Yadav alone that the principal submission of the petitioner rests, namely, of the answer key and the choices offered by the Commission being incorrect.;