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2017 (2) TMI 1518

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..... s of the know in the matter of illegalities committed in evaluating her answer-book. That being so, the question as to what relief could be granted to the petitioner in the light of the delay caused, if any, between December 2013 to May 2015 and the consequential action of the Department in making appointment has not been adverted to by the learned Writ Court while issuing the direction contained in para 12 of the writ petition. In fact once there was an objection specifically raised in this regard in writing before the learned writ Court, we are of the considered view that this issue should have been addressed by the learned writ Court, even though this issue could be gone into by us, but, in this writ appeal the materials for deciding .....

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..... een filed by the appellant; M.P.State Public Service Commission u/s 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005. 2- Petitioner (respondent No.1 herein) was a candidate who appeared in the examination conducted by the M.P. State Public Service Commission for recruitment to various services in the State namely; the State Service Examination 2010. Results of the petitioner with regard to the said examination was declared on 29.8.2013 and after declaration of the result, petitioner submitted a representation and sought supply of the answer-book of the examination under the Right to Information Act. The same was supplied to the petitioner in December, 2013 and thereafter petitioner submitted a rep .....

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..... an one and half year caused by the petitioner in approaching this Court the relief granted and the directions issued in para 12 of the order passed by the learned writ Court cannot be granted as after the State Service Examination 2010 was conducted examinations for the years 2014 and 2015 were also conducted and various appointments have been made based on the State Service Examination 2012 and 2014 conducted and without evaluating the position with regard to availability of vacancy right of other candidate, it is stated that the direction issued by the learned writ Court cannot be implemented in the manner and once it is clear that the petitioner has caused the delay, it is stated that the relief granted is not permissible. 3- Shri Arv .....

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..... 2014 were conducted, and all the appointments were made the relief granted cannot be worked out and it is indicated to us that the question of delay in filing of the writ petition has not been considered by the learned writ Court while granting relief to the petitioner. We find that there is much force in this objection raised before us, both by the State Government and by the Public Service Commission. 7- Admittedly, the results of the examinations were declared on 29.8.2013 and thereafter according to petitioner's own showing appointment orders were started to be issued in 2014 itself. The petitioner received the answer-book under the Right to Information Act in December 2013 and at that point of time even before the appointment o .....

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