Tuesday, March 28, 2023

Allahabad High Court directs BHU to form panel of experts to look into claims in plea

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The Allahabad High Court has directed the formation of a committee of two experts to inquire into a petition challenging the six questions asked in the Assistant Professor Recruitment Examination, Chemistry, conducted by the Higher Education Service Commission.

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 by the petitioner praying for following relief :-

“(a) 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 in pursuance of the advertisement No 50 for the selection of the Assistant Professor in respect of Chemistry subject (Subject Code – 070).

(b) 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 nos 1 to 6 with respect to such questions accordingly in the interest of justice.”

The petitioners have disputed the answers to questions aforesaid in the written examination held regarding the appointment on the post of Assistant Professor (Chemistry).

In the writ petition, the answers which have been disputed have been shown to be incorrect on the basis of the authorities annexed with the writ petition. Counter affidavit filed on behalf of respondent no 2 by Gagan Mehta, Advocate, shows that there is no material to the contrary except the report of the expert stating that all the answers are correct, the Court observed.

“The Court is not an expert and it would be in the interest of justice if the Registrar, Banaras Hindu University is directed to get a panel of two experts nominated from Vice-Chancellor of the Banaras Hindu University from the senior teachers of Physical Chemistry Department to look into the disputed questions and their answers and after examining the answers to the disputed questions send a report to the court through K.R. Singh Jadaun, Advocate appearing on behalf of the University, within the period of one month.

Counsel for the petitioners is directed to implead the Banaras Hindu University and its Registrar as respondents in the writ petition and serve copy of the writ petition on K.R. Singh Jadaun, counsel representing BHU.

When the case is listed next, the name of K.R. Singh Jadaun shall be named as counsel for the respondents. Order on Civil Misc Stay Application No 01 of 2022 Eleven posts shall be kept vacant by respondent no 2 till the next date of listing,” the order reads.

The Court has fixed the next hearing of the petition on July 7, 2022.

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