SANJEEV KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS special appeal has been field against the judgment and order dated 12.4.2006 by which the writ petition has been dismissed on the ground that findings of fact cannot be questioned in the writ petition.

(2.) WHILE assailing the impugned order, Sri N.K. Pandey, learned counsel for the appellant has submitted that respondents' version that petitioner has secured 298.39 marks, is incorrect. It is stated that in view of the subsequent application made by the appellant annexing therewith his original testimonials, there was no factual dispute regarding obtaining less marks than the last selected candidate, therefore, His Lordship in the impugned judgment has erred in dismissing the writ petition on the ground that disputed questions of fact is involved.

(3.) WHILE filing the present special appeal, in paragraph No. 2 of the affidavit in support of stay application, the petitioner has disclosed statement of marks secured by him, according to which he has secured 316 quality point marks on adding of the qualitative marks of his B.Ed. examination. Statement of marks given in paragraph No. 2 of the affidavit is quoted below : <IMG>JUDGEMENT_853_ADJ1_2011Image1.jpg</IMG>