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2025 DAILYLAW 7627 (UTT)

NEHA AGRAWAL v. UTTARAKHAND PUBLIC SERVICE COMMISSION

WPSB/222/2023 · 2025-08-04

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:6836-DB No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPSB No.222 of 2023 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) Mr. Aditya Singh, learned counsel for the petitioner. 2. Mr. Ashish Joshi, learned counsel for the respondent. 3. Petitioner participated in a selection process held by Uttarakhand Public Service Commission for the post of Assistant Prosecution Officer. Since she was not selected and recommended for appointment, therefore, she filed this writ petition in 2023 seeking the following relief(s): “i) Issue a writ, order or direction in the nature of certiorari quashing the result declared on 17.02.2023 (Annexure No.4 to the writ petition) to the extent it shows that the petitioner has obtained 228 out of 450 marks in exam conducted in pursuance of advertisement bearing no.A-1/E-2/APO/2021 for the vacancy of Assistant Prosecution Officer. ii) Issue a writ order or direction in the nature of mandamus commanding the respondents to rearrange the marks allotted to the petitioner after adding marks wrongly subtracted from the sum total of marks allotted to the petitioner in Papers beings Law-1, General Studies and Hindi. iii) Issue a writ order or direction in the nature of mandamus commanding the respondents to declare the result of the petitioner after correcting the errors in awarding negative 2025:UHC:6836-DB marks to the petitioner in Papers beings Law- 1, General Studies and Hindi.” 4. According to petitioner, her answer scripts for Hindi and General Studies’ papers were not properly evaluated which resulted in reduction in her scores of marks. 5. The evaluation of answer scripts is done by subject expert, thus, this Court cannot go into the issue of validity of evaluation. Even otherwise also the selection process must be over by now. 6. Learned counsel for petitioner submits that petitioner may be permitted to make a representation for redressal of her grievance. 7. In view of the above submission, the writ petition is disposed of with liberty to petitioner to make representation before the Uttarakhand Public Service Commission within two weeks from today and decision thereupon shall be taken by Competent Authority within six weeks from the date of receipt of certified copy of this order along with representation. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 04.08.2025 SS