RAJIVA KUMAR TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed challenging the judgment and order dated 02nd August, 2010 by virtue of which the Learned Single Judge has dismissed in limine the appellant's writ petition being W.P.(C) No. 5135/2010.

(2.) Mr. H.P. Sharma, Learned Counsel for the appellant submitted that respondent No. 3 had intentionally failed the appellant by manipulating his answer sheets by reducing his marks from 7 to 5 against Questions No. 1 and 7 and further by changing the total marks on the opening page of the answer sheet. In this connection, Mr. H.P. Sharma, drew our attention to pages 78, 85 and 109 of the present appeal paper book. Mr. H.P. Sharma referred to Section 73 of the Indian Evidence Act to submit that this Court should compare the signatures and writing of the examiner and give a finding thereon. Mr. Sharma also placed reliance upon a judgment of the Supreme Court in Shivajirao Nilangekar Patil v. Dr. Mahesh Madhav Gosavi and Ors., 1987 1 SCC 227 wherein it has been held as under:

(3.) It is pertinent to mention that similar arguments were advanced before the learned Single Judge who has dismissed the appellant's writ petition by observing as under: