GeneralLatestLegalSeptember 2023

Very interesting facts on answer Key to 4 Questions of Preliminary Examination for post of Civil Judge of Uttarakhand

Answer Key to four Questions of Preliminary Examination for the post of Civil Judge – very interesting facts

The petitioners had applied for the Uttarakhand Judicial Service Civil Judge Examination, 2023, to be conducted in two parts – Preliminary and Main examinations – by the Uttarakhand Public Service Commission.

The result of the preliminary examinations was published on 29.5.2023.   However, the petitioners did not qualify in the said examination.

The petitioners had challenged the said result and in particular, raised objections to the answer key of following four questions.

First Question

Under Muslim Law, Tuhr means

According to the petitioners, the answer is “C” i.e. period between menstruation”.   However, the answer key of UPSC was “D” none of the above.

It was pointed out that in 2018 preliminary examination for the said post of Civil Judge, the UPSC had accepted the answer “C” i.e. period between two menstrual cycles”.

Second Question

An illiterate labourer makes a mark daily on the wall of his house to count his daily wages.   These marks may be proved as

According to the petitioners, the answer is “a” i.e. documentary.   However, as per the answer key of Commission the answer key is “d” i.e. circumstantial evidence.

Third Question

Which is period of effect of holding over in the absence of agreement under the Transfer of Property Act, 1882?

The answer of the petitions was “C” i.e. depend on the parties, whereas, the answer key of Commission was “B” i.e. one year

Fourth Question

A placed a bomb in the medical store and gave the people inside three minutes to get out before the bomb exploded.   B an arthritic patient failed to escape and was killed.   A would be liable

According to the petitioners, option “a” i.e. under Section 302 of the IPC, whereas, as per the Commission, the answer is option “d” under Section 304-A of the IPC.

HELD, on consideration of the opinion of the experts, law, earlier decisions and the contentions of the parties,  that the answers suffer from non-application of mind to the relevant considerations and from the vice of considering wholly irrelevant aspects by the experts.  The Commission was directed to constitute Expert Committee to examine two questions afresh as noted in the judgment, deal with the justification given by the petitioners and record their reasons for justification.

Judgment dated 13.9.2023 of the Uttarakhand High Court in  Tarun Sahni Vs. Uttarakhand Public Service Commission (W.P. (S/B) No.229 of 2023) with connected matters.  display_pdf.php (ecourts.gov.in)

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