ISHANK Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Notice before admission returnable in three weeks. The petitioner secured 141.75 marks in the preliminary examination. The last candidate, permitted to appear in the main examination, secured 145.75 marks in the preliminary examination. The difference between the marks which the petitioner secured, and the last candidate permitted to appear in the main examination, is four marks. In terms of the applicable instructions, candidates who answered a question wrongly are awarded negative marks of 0.25 for every wrong answer.

(2.) Mr. M.C. Pant, learned counsel for the petitioner, would draw our attention to question numbers 49, 51, 164, 175 and 182 to submit that, though the petitioner had answered four of these questions correctly, he was erroneously held to have given the wrong answers; and with respect to the fifth question, the key answer was itself wrong, and the petitioner, therefore, chose not to answer the said question. Question No. 49 is "which of the following State Legislatures has one house?" While the options given are (a) Bihar, (b) Karnataka, (c) Tamil Nadu and (d) Maharashtra, the petitioner claims that all the four options are wrong as all of them have two houses. We must express our inability to agree, for Tamil Nadu does not have a Legislative Council. The Public Service Commission cannot, therefore, be faulted in this regard. As the petitioner did not attempt this question at all, he could not have been awarded any negative marks for this question.

(3.) Question No. 51 is "whether Exchange, under the Transfer of Property Act , is equal to (a) partition, (b) gift, (c) sale and (d) None of these." While the petitioner answered the said question as "sale", the Public Service Commission claims that the answer is "d" which is "none of these". The proviso to Section 118 of the Transfer and Property Act , 1882 stipulates that a transfer of property, in completion of an exchange, can be made only in manner provided for the transfer of such property by sale.