Case Note & Summary
The Supreme Court considered five miscellaneous applications arising out of civil appeals concerning the Uttar Pradesh Subordinate Service Selection Commission's examination for Revenue Lekhpal conducted in 2021-22. The dispute originally centered on Question No. 88 of Booklet Series 'F'. By order dated 21.11.2023, the Court directed that answer choice 'D' be treated as correct and that the entire result be re-evaluated. Subsequently, on 19.02.2024, the Court in MA No. 276/2024 in SLP(C) No. 25828/2023, upon the State's submission that almost 8,000 successful candidates awaited appointment, directed that the High Court would consider objections to questions/answers only if filed on or before 21.11.2023. On 24.04.2025, the Court directed re-evaluation of question numbers 10, 58, 63 and 90 of Booklet Series 'B'. The present MAs alleged that certain interlocutory applications, though filed and pending as on 24.04.2025, were not posted before the Court due to Registry inadvertence, causing the applicants to be excluded from the re-evaluation benefit. The Court examined each application. It dismissed MAs No. 1306/2025 and 1309/2025 because the underlying writ petitions challenging question nos. 15, 62, 65, 67 and 99 were dismissed for being filed after the 21.11.2023 cut-off. The Court allowed M.A. No. 1307/2025, restoring IA No. 41099/2025 and granting benefit of the 24.04.2025 order, since the Office Report confirmed the IA was pending as on 24.04.2025. The Court rejected M.A. No. 1308/2025 because the relevant IA was defective as on 23.04.2025 and its dismissal on 15.05.2025 could not be modified. The Court also allowed IAs No. 48299/2025 and 294693/2024, which were filed on 21.02.2025 and 17.12.2024 respectively and pending as on 24.04.2025, granting them the benefit of the order. Finally, the Court dismissed M.A. No. 1431/2025 and related IAs filed by candidates who lost one mark after the answer to Question No. 88 in Booklet 'F' was changed and claimed grace marks; the Court held that no grace marks could be granted when re-evaluation was based on the Court-determined correct answer. The Court thus partly allowed and partly dismissed the miscellaneous applications, adhering to the earlier cut-off date, protecting pending applicants from Registry errors, and rejecting grace marks.
Headnote
A) Service Law - Public Employment - Recruitment Examination Objections - Cut-off Date - No Specific Statute Cited - Writ petitions challenging question nos. 15, 62, 65, 67 and 99 in U.P. Revenue Lekhpal examination filed after 21.11.2023 were held barred by this Court's order dated 19.02.2024 in MA No.276/2024 in SLP(C) No.25828/2023; MAs dismissed; Held that applicants cannot claim benefit of order dated 24.04.2025 (Paras 5). B) Practice and Procedure - Interlocutory Applications - Restoration of Pending IAs - No Specific Statute Cited - Where Office Report confirmed that an IA was filed and pending as on 24.04.2025 but not listed due to Registry inadvertence, the Court restored and allowed the IA, granting applicants benefit of the re-evaluation order dated 24.04.2025; Held that an applicant cannot be prejudiced by Registry's omission (Paras 6, 8). C) Practice and Procedure - Defective Interlocutory Applications - No Modification of Dismissal - No Specific Statute Cited - IA dismissed on 15.05.2025 was not restored because Office Report indicated that as on 23.04.2025 the IA was defective; Held that a defective application cannot be revived to modify the dismissal order (Para 7). D) Service Law - Examination Re-evaluation - Grace Marks - No Specific Statute Cited - Candidates who lost one mark due to change of answer to Question No.88 in Booklet F and claimed grace marks were denied; Held that since the Court had determined the correct answer and directed re-evaluation, no grace marks could be granted to compensate for reduced marks (Para 9).
Issue of Consideration
Whether miscellaneous applications challenging examination questions filed after the 21.11.2023 cut-off were maintainable; whether applicants whose interlocutory applications were pending as on 24.04.2025 but not posted due to Registry inadvertence were entitled to the re-evaluation benefit; whether IAs rejected on 15.05.2025 as misconceived or defective could be restored; whether candidates affected by change of answer to Question No.88 Booklet F were entitled to grace marks.
Final Decision
MAs No.1306/2025 and 1309/2025 dismissed as barred by 21.11.2023 cut-off; MA No.1307/2025 allowed, restoring IA No.41099/2025 with benefit of 24.04.2025 order; MA No.1308/2025 rejected as IA was defective as on 23.04.2025; IAs No.48299/2025 and No.294693/2024 allowed; MA No.1431/2025 and IAs No.220493/2024 and 295481/2024 dismissed, rejecting grace marks.
Law Points
- Objections to examination questions filed after 21.11.2023 are barred
- Applicants with pending IAs as on 24.04.2025 entitled to re-evaluation benefit
- Registry inadvertence cannot prejudice pending applicants
- Defective IAs cannot be revived
- No grace marks for reduction due to re-evaluation based on corrected answer


