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Allahabad High Court stays result of UPHESC Assistant Prof exam over disputed questions

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The Allahabad High Court has stayed the declaration of results of the Uttar Pradesh Higher Education Services Commission (UPHESC) Assistant Professor of Chemistry recruitment examination.

A Single-Judge Bench of Justice Siddharth passed this order, while hearing a petition filed by Subhash Chandra Srivastava And 10 Others.

The writ petition has been filed praying for the following reliefs:-

(i) issue a writ, order or direction in the nature of certiorari to quash the impugned Revised & Final Answer Key dated 11.02.2022 (Annexure No.6 to the writ petition) issued by the Secretary U.P. Higher Education Services Commission, Prayagraj / Respondent No.2 bearing Letter No. 824 (III)1210/2021-22 in pursuance of the advertisement No.50 for the selection of the Assistant Professor in respect of Chemistry subject (Subject Code -070).

(ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to revise and declare the final revised answer key again after correcting the disputed questions i.e. question No. 38, 41, 44, 45, 82 and 84 of the Booklet Series No.’A’ and provide marks to the petitioner No.1 to 6 with respect to such questions accordingly in the interest of justice.

(iii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to revise and declare the final revised answer key again after correcting the disputed questions i.e. question No.75, 78, 81, 82, 49 and 51 of Booklet Series No.D and provide marks to the petitioner No.7 to 9 with respect to such questions accordingly in the interest of justice.

(iv) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to revise and declare the final revised answer key again after correcting the disputed questions i.e. question No.58, 61, 64, 65, 32 and 34 of Booklet series No.B and provide marks to the petitioner No.10 and 11 with respect to such questions accordingly in the interest of justice.

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(v) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to constitute an expert team specialization in the chemistry subject with respect to evaluate the disputed questions in the interest of justice.” On 15.3.2022 the following order was passed:-

“Sri Manoj Kumar Dwivedi, Advocate has accepted notice on behalf of respondent nos. 1, 2 and 3, namely, Principal Secretary (Higher Education), U.P. at Lucknow, U.P. Higher Education Services Commission, 18-A, Nyay Marg, Prayagraj and Examination Controller, U.P. Higher Education Services Commission. Learned Standing Counsel appears on behalf of respondent no. 1. All the respondents may file a counter affidavit within a period of one week. Put up this case as a fresh case on 23.03.2022.”

Despite the aforesaid order, no counter affidavit has been filed by any of the respondents.

The counsel for the petitioners has submitted that the interview is scheduled to take place before the UP Higher Education Services Commission, Prayagraj on March 25 and in case the interview takes place and all the posts are filled, the petitioners would suffer irreparable harm and loss.

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The Court said that the matter requires consideration and gave the three weeks time of the respondents to file a counter affidavit.

It is provided that the interview for selection to the post of Assistant Professor in respect of subject Chemistry shall take place but the final result shall not be declared without the permission of the Court.

The Court has fixed the next hearing of the petition on April 27, 2022.

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