DHEERAJ KUMAR DIXIT Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) HEARD counsel for the petitioner and Sri P.S. Baghel, learned Senior Counsel appearing for the U.P. Public Service Commission. The petitioner appeared in the Combined State/Upper Subordinate Services (Preliminary) Examination 2007. The grievance of the petitioner is about the marks obtained by him in two papers viz.,Indian History and General Studies. It appears that model answer in respect of Indian History were displayed on the website of the Commission on 12.3.2008. Objections were invited from the candidates, the last date for which was 24.3.2008. Thereafter an expert committee was constituted to consider the objections of the petitioner and other candidates. The committee gave its report on 21.4.2008. The case of the Commission is that the examiner had evaluated the answer books of the candidates after the report of the expert committee and as such question relating to the model answers which were found incorrect were deleted. In respect of paper General Studies it is stated that the model answers were displayed in the website on 25.12.2007, last date for submission of objections was 8.1.2008 and the expert committee submitted its report on 23.2.2008 and likewise questions of which the model answers were incorrect were deleted whereafter the evaluation was made by the examiner. In view of this procedure adopted by the Commission it is clear that no prejudice has been caused to the petitioner. Counsel for the Commission relied upon a decision of a Division Bench of this Court in Vijay Kumar Vs. State of U.P. and others in writ petition no. 56436 of 2008 decided on 15.11.2008 wherein it has been held that as the matter was considered by a team of experts consisting of professors of high level Universities, there was no error in the procedure adopted by the Commission and there was no reason to doubt the correctness of the answers that might have been given by the committee of Experts in the subject. The petition lacks merit and is dismissed.