- (1.) The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 01.11.2010 rendered by the learned Single Judge holding that having remain unsuccessful in the Forester Training Course for the year 2005-06, the appellantwrit petitioner could not have turned around and challenged the result. The learned Single Judge has repelled the contention that the question paper was not set by the competent officer. According to learned Single Judge, the question paper of the tour test was also set by competent/ experienced officer Sh. Waryam Singh, HFS, who also conducted the tour. The tour viva was also conducted by him, who has experience of four years of training. Accordingly, he was more than an Instructor. In any case, we do not find any merit in the contention of the learned counsel for the appellant-writ petitioner, especially when the State has explained in its reply that the question paper could not be settled by Conservator for want of availability. Such a punishment could at best be regarded as mere irregularity, which would not vitiate the result of the examination held in the year 2005-06. There is, thus, no merit in the appeal.
(2.) Accordingly, the appeal fails and the same is dismissed.
(3.) In view of the dismissal of appeal on merit, we do not wish to pass any order on the application seeking condonation of 12 days' delay in filing of the appeal.;