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#S-18 HIGH COURT OF DELHI
JUDGMENT
Advocates who appeared in this case:
For the Petitioner : Mr. J. Sai Deepak, Mr. R. Abhishek & Mr. Avinash Sharma, Advocates
For the Respondent : Mr. Naresh Kaushik, Advocate for UPSC
HON’BLE MR. JUSTICE TALWANT SINGH
CONFERENCING)
The present application under Section 151 of the Code of Civil
Procedure, 1908, has been filed on behalf of the applicant/petitioner, seeking exemption from filing duly notarized affidavits, original/certified/true-typed copies of documents; dim photocopies and documents without adequate left margin, in support of the accompanying petition, as well as, the application.
2020:DHC:3625-DB For the reasons stated in the application and in view of the present prevailing situation, the same is allowed. The applicant/petitioner is allowed to file the duly signed and attested affidavits within a period of one week from today. Further, the applicant/petitioner is exempted from filing the original/certified/true- typed copies of documents, as well as, the dim photocopies and documents without adequate left margin, in support of the accompanying petition, as well as, the application, subject to all just exceptions.
With the above directions, the application is disposed of accordingly.
1. The present petition under Article 226 and 227 of the Constitution of India, has been instituted on behalf of the petitioner, praying as follows:- “a) Pass appropriate writ, order or direction(s) to set aside the Judgment dated 18.11.2020 as the act of the Respondent being violative of the fundamental right of the Petitioner under Article 14 & 21 of the Constitution of India. b) Pass appropriate writ, order or direction(s) and call for the records of the Respondent pertaining to the Petitioner’s question paper in set A bearing serial NO. 2062633 with roll no.6628618 and the answer sheet key for all the sets namely A,B,C & D to be examined by this Hon’ble Court. c) Pass appropriate writ, order or direction(s) and call for the records of the Respondent pertaining to the Prelims cut off marks for all the sub-categories under PH including PH-2/OBC to be examined by this Hon’ble Court. d) Pass appropriate writ, order or direction(s) to the Respondent to reevaluate/re-checking/re-totalling the Petitioners paper in set A bearing serial no. 2062633 and roll no.6628618. e) Pass any other writ, order or direction as this Hon’ble Court may deem fit in the facts and circumstances of the present case and in the interest of justice.”
2. Mr. J. Sai Deepak, learned counsel appearing on behalf of the petitioner, limits the relief in the present proceedings, to a direction to the Union Public Service Commission (for short ‘UPSC’), to respond to his representation dated 30.10.2020, which is annexed to the present writ petition as Annexure ‘P-7’ at Page No. 59.
3. Issue notice.
4. Mr. Naresh Kaushik, learned counsel accepts notice on behalf of the respondent/UPSC.
5. Having heard learned counsel appearing on behalf of the parties and perused the writ petition paper book, the only course of action that commends itself to us, in the interest of justice, is to direct the UPSC to dispose of the petitioner’s representation dated 30.10.2020, by way of a speaking order, within a period of two weeks from today, under intimation to the latter.
6. No further directions are called for.
7. With the above direction, the writ petition is disposed of. The pending application also stands disposed of.
8. A copy of this Judgment be provided to learned counsel appearing on behalf of the parties electronically and also be uploaded on the website of this Court, forthwith.
SIDDHARTH MRIDUL (JUDGE)
TALWANT SINGH (JUDGE) DECEMBER 17, 2020 Click here to check corrigendum, if any