SANJAY BATRA Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Heard Mr. Sandeep Tiwari, learned counsel for the petitioners, Mr. B.D. Kandpal, learned counsel for the Commission and perused the record.

(2.) The petitioners were candidates for the post of Assistant Review Officer in the State Secretariat, for which an examination was conducted by the respondent Uttarakhand Public Service Commission (hereinafter referred to as "Commission"). The case of the petitioners evidently is that they have not been selected in the said selection process. They have challenged the examination and the process therein on the grounds that the Commission has wrongly fixed the benchmark of 45% of minimum marks in the written examination, though this provision was not there in the Rules. Therefore, the entire selection process, in fact, the rejection of the candidatures of the petitioners on the ground that they have not procured minimum marks, is wrong.

(3.) This argument is rebutted by Mr. B.D. Kandpal, counsel for the Commission.