RAJA RAM AND JITENDRA SINGH Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2009-11-276
HIGH COURT OF ALLAHABAD
Decided on November 30,2009

Raja Ram And Jitendra Singh Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Arun Tandon, J. - (1.) HEARD learned Counsel for the petitioner Sri Umesh Narain Sharma, Senior Advocate assisted by Sri Chandan Sharma and Jai Prakash, Advocate, learned Chief Standing Counsel on behalf of the State Respondents, Sri R.P. Dubey, Advocate on behalf of the respondent Selection Board and Sri P.S. Baghel, Senior Advocate along with Sri Radhey Shyam Dwivedi, Sri Raj Kumar Tripathi, Sri N.K. Tripathi, Sri Ravidra Kumar, Sri Shyam Lal Yadav, Sri Kamlesh Shukla, Sri Bhupendra Nath, Sri B.P. Yadav, Sri Jitendra Kumar Pandey, Sri Shiv Ram Singh, Advocates as well as other advocates on behalf of the private respondents.
(2.) FACTS giving rise to the present writ petition in short are as follows: In order to fill up 399 vacancies of teachers in trained graduates grade in the subject of Social Science in different recognized and aided High School and Intermediate institutions (hereinafter referred to as 'Institutions'), the U.P. Secondary Education Services Selection Board (hereinafter referred to 'Selection Board') vide advertisement No. 1 of 2005 dated 17.09.2005 invited applications from eligible candidates. In pursuance thereof, the petitioners and large number of other candidates applied. After the result of the written examination were declared and before interview could take place, Dr. Ramesh Chandra Pandey and others preferred Writ Petition No. 43013 of 2006 complaining large scale illegalities and irregularities in written examinations so held. This Court vide its judgment dated 24.07.2007 (reported in, 2007 (7) ADJ 218) quashed the selections held and issued following directions: 48. In the totality of the circumstances, as have been noticed herein above, this Court records that the entire process of selection initiated in respect of appointment of teachers in the subject of Social Science by the U.P. Secondary Education Services Selection Board in pursuance to the Advertisement No. 1/2005 is replete with illegalities at every stage and has to be quashed as a whole. It is ordered accordingly and following directions are being issued. 1. The U.P. Secondary Education Services Selection Board get correct keys obtained afresh in respect of all the subjects of written examination held. For the purpose of obtaining the correct key answers, the Board shall forward the question papers to a team of experts to be appointed with the approval of the Vice Chancellor of the Allahabad University, which may comprise of Professors and Readers of the University of Allahabad (Central University). After the correct key -answers are obtained from the team of experts, the same shall be feeded in the computer and the answer sheets of all the candidates, who have appeared in the written examination, shall be reevaluated. The Board shall thereafter declare the list of the successful candidates on the basis of merit so prepared category -wise for participation in interview. 2. The candidates, who have appeared from changed centres or who have been allotted new roll numbers by the Chairman/Secretary of the Board or were otherwise ineligible for appearance in the written examination, shall be excluded from the zone of consideration and their answer sheets shall not be evaluated as per the statement made by Sri U.N. Sharma, Counsel for the Board, as noticed in the order of the Court dated 10.10.2006 and dated 14.11.2006. The number of candidates to be invited for interview shall be confirmed to the ratio fixed under Sub -clause (6) of Rule 12 of the U.P. Secondary Education Services Selection Board Rules, 1998 and no candidate beyond the prescribed ratio shall be invited for interview.
(3.) INTERVIEW Board shall be constituted strictly in accordance with Rule 8 of the U.P. Secondary Education Services Selection Board Rules, 1998. Each member of the Interview Board shall allocate marks to the candidates concerned in respect of each indices separately as provided for under Rule 12(4) of the U.P. Secondary Education Services Selection Board Rules, 1998 i.e. 4% marks for general knowledge, 3% marks for personality test and 3% marks for ability of expression. The average of the marks awarded by the members of the Board shall be worked out and recorded.;


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