SHUBHAM PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Delay in filing of the special appeals has been explained to the satisfaction of the Court. Applications are allowed. Delay in filing of appeal is condoned.

(2.) These appeals have been preferred alongwith application for grant of leave to challenge the judgment of learned Single Judge, whereby the challenge laid to the answer to question no.79 of answer series 'B' was rejected. It transpires that during pendency of this bunch of appeals the Commission has taken a decision to cancel question no.79 of 'B' series and other questions in the corresponding series and award one mark, uniformly, to all appellants, who had appeared in the exam. It is submitted by Sri Seemant Singh that the answer given by the appellants to question no.79 was correct, and while this Court was seized of the matter, the respondent Commission has arbitrarily cancelled the question itself. Reliance is placed upon an order passed by the Division Bench in Special Appeal Defective No.429 of 2023, on 23/8/2023, which reads as under:-

(3.) On behalf of Commission, on the other hand, it is pointed out that the selfsame controversy earlier came before this Court in Special Appeal Defective No.60 of 2024, which has been disposed of vide following orders passed on 8/2/2024:-