ARVIND KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) WE have heard learned counsel for parties and perused the pleadings of writ petition. Learned counsel for petitioners submitted that on account of furnishing incorrect information regarding the chances availed by the petitioners, they were debarred from appearance in that examination as well as from all examinations to be conducted by the U.P.Public Service Commission for a period of further ten years vide the order dated 22.10.2011 (Annexure 1). Learned counsel also submitted that a coordinate Division Bench of this Court in Writ - A No. 30002 of (Ajit Kumar Singh vs. State of U.P. and others) has held that debarring a candidate for furnishing wrong information from appearing in the examination he had applied for would be justified but to debar him for further ten years from all examinations to be held by the Commission could be disproportionate to the charge of furnishing incorrect information. Thus, the Court quashed that part of the order which related to debarring for further ten years as aforesaid. The relevant portion of the order, on reproduction, would read as:

(2.) AS the petitioners' cases are also squarely covered by the ratio of the judgment (Annexure No.1), the order as impugned herein, debarring the petitioners from appearance in the examination in question as well as for ten years further would not be sustainable. Hence, the impugned order is quashed in part to that extent. This Writ Petition, thus, succeeds in part.