SURESH B N Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) In this petition under Art 226 of the Constitution the petitioner has sought for a writ in the naure of mandamus to direct the first respondent to admit the petitioner to the Civil Services (Main) Examination 1981, schedule to commence on Tuesday, the 10th Nov 1981 and allow him to appear for the sa,id examination.

(2.) During the pendency of the writ petition, by reason of the interim order passed on 9.11.1981 in WA No. 1755/81, the petitoner has been, allowed to sit for the Civil Services (Main) Examination 1981. The Union Public Service Commission (shortly, 'U.P.S.C.') was given discretion to publish or withhold the result of the examination of the petitioner. It is now submitted that the U.P.S.C. has published the result of the petitioner and according to it he has passed the examination.

(3.) The reason for not allowing the petitioner to appear for the afpresaid examination was that he was a, candidate for the Civil Services (Main) Examination 1979 and at that Examination. he had claimed 1-4-1952 as his date oi birth and the same was accepted by the U.P.S.C., therefore 1-10-1951 as now claimed by the petitioner was not acceptable to the U.P.S.C. having regard to Note 2 to Rule 6 of the Rules for the Competitive Civil Service Examination to be held; by the U.P.S.C. in 1981 (hereinafter referred to as 'the Rules'); the said note reads as follows: -