Neutral Citation No. - 2025:AHC:80324-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 820 of 2024 Appellant :- State Of Up And Another Respondent :- Pragati Agarwal And 57 Others Counsel for Appellant :- Abhishek Srivastava,Tej Bhanu Pandey Counsel for Respondent :- Anup Prakash Shukla,Anurag Agrahari,Hanuman Kinkar,Mahima Sahai,Reenika Gupta Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This appeal is filed by the State challenging the judgment and order passed by the learned Single Judge, whereby a direction is issued to award grace marks in respect of question Nos. 8 and 141. This decision has been arrived at by the learned Single Judge after noticing that same questions were included in a previous recruitment and the answers therein were found wrong, as a result of which grace marks were granted. Learned Single Judge, therefore, has substantially followed the decision taken in respect of the previous adjudication. 2. The State is aggrieved by the judgment on the ground that the mistakes occurred in the answers to the two questions in previous recruitment have already been rectified in the present examination and, therefore, the basis for resorting to the same treatment as was done earlier is not justified on the facts. 3. Learned counsel for the respondent-petitioners submit that this aspect of the matter was never highlighted before the learned Single Judge and since the distinction was not established on the facts, therefore, the learned Single Judge rightly followed the course adopted in the previous recruitment. 4. Having considered the respective submissions, we are of the view that the remedy of the State, in the facts and circumstances, would be to seek review of the judgment of learned Single Judge by highlighting essential facts as are stated to arise in respect of the subsequent recruitment regarding the two questions. 5. Consequently, this appeal is permitted to be withdrawn with liberty to file an appropriate review. 6. This appeal is, accordingly, dismissed as withdrawn with the liberty aforesaid. Order Date :- 15.5.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad