VISITORS

Sunday, 4 March 2012

Hon'ble Supreme Court Decision in Ajay Kumar Mishra & ors. vs UPSC SLP No: 32443 of 2010 upholding its earlier stand in UPSC vs SHIV SHAMBHU CASE and directs UPSC to provide Raw Marks of Candidates.


ITEM NO.20                       COURT NO.12                   SECTION XIV


             S U P R E M E          C O U R T   O F    I N D I A
                                 RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).32443/2010

(From the judgement and order dated 08/10/2010                     in      WP    No.
6931/2010 of The HIGH COURT OF DELHI AT N. DELHI)


AJAY KUMAR MISHRA & ORS.                                        Petitioner(s)

                     VERSUS

UNION PUB.SER.COMMN.& ANR                                       Respondent(s)

(With office report )

Date: 03/12/2010      This Petition was called on for hearing today.

CORAM :
          HON'BLE MR. JUSTICE AFTAB ALAM
          HON'BLE MR. JUSTICE R.M. LODHA

For Petitioner(s)          Mr.   Sanjeev Anand,Adv.
                           Mr.   Yakesh Anand,Adv.
                           Mr.   Murari Kumar, Adv.
                           Mr.   Nimit Mathur, Adv.

For Respondent(s)

           UPON hearing counsel the Court made the following
                                O R D E R

                     The issue raised in this SLP was earlier

           decided    by    the     Delhi    High    Court     against    the

           respondent,     the     Union    Public   Service     Commission

           (vide judgment and order dated 17.4.2007 passed by

           a single judge of the Delhi High Court in writ

           petition (C) No.17583 of 2006 and affirmed by the

           Division Bench of the High Court by Judgment and

           Order dated 3.9.2008 in LPA No.313 of 2007).

                     In the case of the petitioner the Delhi

           High    Court      refrained     from     passing    any      order
    observing that the Union Public Service Commission

   had   filed     SLP(C)     No.23250    of    2008    against     its

   order dated 3.9.2008 in LPA No.313 of 2007 and in

   that SLP this Court had granted stay against the

   operation of its judgment.

             During    the     pendency   of     the    earlier    case

   (SLP(C)    No.23250       of   2008)   the    UPSC    changed   the

   format     of      its    examination        for     the   Central

   Services.       Hence, when the earlier SLP came up for

   hearing    this     Court      dismissed     it    observing    that

   there was no need for any adjudication by this

   Court in the matter since the UPSC had changed the

   pattern of its examination.

             That being the position the order passed by

   the Delhi High Court in the earlier case holds the

   field and the case of the present petitioner will

   also be governed by that order.

             This SLP is disposed of with the aforesaid

   observations and directions.


(Neetu Khajuria)                                (S.S.R. Krishna)
     Sr.P.A.                                      Court Master
 

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