Monday, November 29, 1999

Court allows man caught copying to appear in interview

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Gandhinagar, May 4 (IANS) The Gujarat High Court Tuesday allowed a man, allegedly caught copying in the written examination of the Gujarat Public Service Commission (GPSC), to appear for the interview subject to conditions.The GPSC refused to consider marks of the written exam of Jayeshkumar Patel, who was caught in a copying case. Counsel for the GPSC contended that without assessment of the written exams Patel could not be permitted to appear for the interview.Notwithstanding the charge of using unfair practice against Patel, the GPSC volunteered to arrange a special interview for him if the court specially directed.However, counsel for the petitioner, Paresh Upadhyay contended that after the interviews get over, their application would become infructuous. He contended that the result of the appellant's interview, if taken, need not be declared till the other hurdles of the assessment of the written papers, securing of qualifying marks and removal of his disqualification in the copy case were successfully crossed.After hearing both the sides, the division bench of Justice D.H. Waghela and Justice M.D. Shah ordered: 'In the above peculiar facts and circumstances, it appears to be necessary and just to direct the respondent to allow the appellant to appear at the interview and not to disclose result of the interview till final hearing and disposal of the pending petition of the appellant, with the clarification that grant of such relief by way of interim relief shall not influence either the interview in which the appellant may be permitted to appear or the outcome of the main petition which is pending before the learned single judge.'

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