The Allahabad High Court has sought response from the Service Commission and the State Government on the petition against not considering the selection of those who get more marks than the successful candidates in the State Hospitals Staff Nurse Recruitment case.
A Single Bench of Justice Manju Rani Chauhan passed this order while hearing a Petition filed by Priti Patel And Another.
Counsel for the petitioners submitted that the results of the examination in question were declared on 03.10.2021 and answer key of the said examination has been uploaded on the official website after the orders passed by the Court on 28.03.2022, however, no objections were invited. Since objections were not invited, therefore, certain candidates, who have obtained more marks than the awarded marks, after verifying from the answer key, have not been considered for the selection.
He further submitted that some students have secured more marks than the selected candidates out of total 85 marks but those candidates have not been declared successful as their marks for experience certificate have not been awarded to them.
Counsel for the petitioners further submitted that the basis on which the experience certificate has been accepted or rejected, has not been disclosed to the petitioner and also the fact as to who has been considered as the appointing authority for issuing the certificate.
Counsel for the petitioners has also pointed out that certain procedural fault has occurred, while submitting the online application form, due to which the candidates have suffered irreparable loss. There has been discrimination in accepting the experience certificate of the candidates as no prescribed standard according to which the experience certificate has to be accepted, is detailed in the advertisement.
“In view of the above, counsel for the respondents Commission prays for and is granted ten days’ time to file a short counter affidavit.
Rejoinder affidavit, if any, may be filed within a week thereafter.
It is made clear that the results so declared shall be subject to the final outcome of the petition”
-the order reads.
The Court has fixed the next hearing of the petition on April 19, 2022.
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