MAHESHWATI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) We have heard the learned counsel for the petitioner and Sri Amrendra Pratap Singh, learned counsel holding brief of Sri S. Shekhar, learned counsel for the respondent No.5 and Sri Puneet Kumar Shukla, learned counsel holding brief of Sri Prakash Padia, learned counsel for the respondents No.2, 3 & 4.

(2.) Having considered the submission, we find that even if we accept the arguments of the learned counsel, the net result would not change, inasmuch as the difference in the awarded marks under the head 'Godown' is 7 marks and even if 7 marks are added to the total marks of the petitioner, even then the petitioner would not be able to surpass the marks awarded to respondent No.5. Consequently, this ground has no force and cannot be accepted.

(3.) Learned counsel for the petitioner urged that the total marks to be awarded was 100 as per the advertisement, whereas the marks declared indicates that the total number of marks was 140, and therefore, such departure from the advertisement was wholly incorrect. In our view, such ground cannot be taken into consideration at this stage, namely at the stage of hearing, when no such assertion has been made by the petitioner in the writ petition or in the two supplementary affidavits that had been filed.