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[Updated Info] Supreme Court Writ Petition for ambiguous questions in CSP 2017 [Need your Support]

edited September 13 in Miscellaneous
Hi everyone,

After a lot of hard work by many people in Delhi and across the length our country, The petition is finally ready.
After seeking "Suggestions" from former SC judges, Addl Adv General, a few senior Advocates and a few subject experts, we could arrive at the list of questions which are ambiguous.
We have added the questions to which we have evidences. Evidences of only standard textbooks, SC judgments and Government Reports are allowed as per our lawyer.
Hence we could not add any other question for which we could not find convincing evidences, However those remaining questions will be mentioned in the "oral arguments" and also there is a demand for expert committee to be set up to review the entire question paper.

Attaching the list of questions and evidences below.
Also attaching the list of supreme court judgments in similar cases.
Also attaching our writ petition copy(draft copy which is being sent to Registrar office and is not the final one).

There has been a lot of deliberation and discussion involving many aspirants, only after which the lawyer has arrived at this petition. Apologies in advance, if anything is left out. But, this is the best we could do.

Why do we have hope?
1. Proper evidences are cited.
2. Proper Supreme court judgments to back us.
3. Faith in judiciary and justice.
4. Faith in the almighty.

The petition will be filed tomorrow.

A total of 76 petitioners.

The court fees for Writ Petition(Civil) per petitioner is Rs.500. (Can be verified from Supreme court website)

Total court fees = 76*500 = 38000 INR

So far, we have spent 20k to pay the lawyer for drafting the petition.

We are left with 18k towards court fees and we are "Short of 20k more" to pay a total of 38k towards court fees.
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We humbly request you to contribute your share in making this effort fruitful.

"Kindly consider contributing in the range of 100 rs to 1000rs. We dont want any of us to be burdened, because most of us are unemployed aspirants. Contribute over 1000rs only if you really want to. Otherwise, a simple contribution of rupees 100 or 500 would be very very helpful and would mean a lot to us at this stage."

Steps for payment,

Choose any one of the FOUR payment methods given below,

1. BHIM details - 7838846880 vishal rathi

2. Bank Transfer details -
Niraj Kumar Singh
Acc. # : 910010029705901
IFSC :UTIB0000246

3. Paytm details - 9560144927(Niraj Singh)

4. Instamojo link - https://www.instamojo.com/cspjustice2017/

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Once you complete the transaction, PLEASE FILL THE FORM BELOW.

The below form will have the details of all the contributors and it will be visible to everyone to see the contribution so far(Enabling transparency and accountability in the process) .

Link to fill form - https://goo.gl/forms/CElI7DsNdsRu50oR2

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Link to Questions and Evidences - https://drive.google.com/open?id=0B6trA174QMCwT0w3SnJCZzMwM1E
Link to Supreme court Judgments - https://drive.google.com/open?id=0B6trA174QMCwNlY4X2xtc3hHanc
Link to our writ petition(draft to be sent to SC registrar office) - https://drive.google.com/open?id=0B6trA174QMCwcnJCeVM2aUtsMlE
Saw the passion in my vulnerabilities? Now see the strength in my resolution.
«13

Comments

  • I'm broke.
  • To contribute for petition filed in Supreme Court to bring #TransparencyInUPSC #UPSCStopInjustice share this link

    https://t.co/dbPOSiDKoP https://t.co/Xi7Zi3VE34
  • Gud one .carry on..but it will give justice to only those who wrote exam in 2017 n failed due to dubious questions.how do u prove that those questions were dubious only for you and not others??
  • Since u cud not pass d exam u r complaining.
  • Mr Amrendrabahubali...it's easy to view everything with sarcasm....but think in a balanced way...

    Just because some party got very "popular" due to some "great leader" 's act like "demonetization".... Does n't mean that the informed ones will not contain about sumthing amiss in the conduct of the recent assembly election,EVM's....

    We may not be promised instant justice...but we may have the way for reform of UPSC...like like they did by making VVPAT mandatory in upcoming elections...
  • Appreciate your efforts.... Time for transparency in UPSC exams.
  • Classic psychology is at work here. By constantly putting up a brave face he is trying to show people that loss of attempts doesn't affect him at all.

    But deep down subconsciously he wishes ki attempts mil jaayen. Proven by the fact that he incessantly comments on such threads. Agar mil Gaya TOH sabse pehle yehi bhagega taiyari mein, nai Mila TOH bolega "haha.. main to bol hi raha tha".

    Ye forum k naadaan baalak, itne Bhole hain ki inpe gussa BHI nai aata.


  • received 2500 so far.
    Immensely grateful to the contributors. Thank you so so much.
    Kindly request others to help us to file the petition tomorrow morning.

    imageimage
    1.jpg
    437 x 419 - 23K
    2.jpg
    428 x 410 - 23K
    1.jpg 23.5K
    2.jpg 22.8K
    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
  • Great work guys! Immense thanks for your contributions. Hope that SC judges hear the case and provide relief to the genuine sufferers. Kindly contribute for our common cause for making UPSC accountable and the exam process transparent.
  • @Einstein10 Please inform us how much money we are short of from Rs. 38,000/- at the present moment. People here will get an idea about how much more is needed for tomorrow's court fee.
  • polarbear said:

    @Einstein10 Please inform us how much money we are short of from Rs. 38,000/- at the present moment. People here will get an idea about how much more is needed for tomorrow's court fee.

    Hi,
    Approximately we are short of 15,000 rupees as per latest info from niraj.
    Have received 2.8k from visitors of this thread.
    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
  • great work team..
    sm more interest from the petitioners & interested ppl, in contribution, can help us file the petition tmrw..
  • Many thanks to people here who contributed as well as shown interest in our common cause. Kudos to our team effort!! Come on guys! Show more strength & contribute as per your capabilities.
  • but how do u know what answers upsc has deemed to be correct ? they havent release the key yet..
  • Am unable to open the writ from my mobile. Anyways great work. Can someone please let me know what is that we are demanding from this case? Compensatory attempt or cancellation of results?
  • vignesh said:

    Am unable to open the writ from my mobile. Anyways great work. Can someone please let me know what is that we are demanding from this case? Compensatory attempt or cancellation of results?

    They are praying to be allowed to appear in mains 2017 if they make the cut after expert opinion......

    This doesn't help the non petitioners at all IMO. This is too selfish but maybe better to ask for this in SC than to pray for calcellation or another attempt. Don't know.

    I'd have donated had it been for making the process more transparent.

  • Rasputin said:

    Classic psychology is at work here. By constantly putting up a brave face he is trying to show people that loss of attempts doesn't affect him at all.

    But deep down subconsciously he wishes ki attempts mil jaayen. Proven by the fact that he incessantly comments on such threads. Agar mil Gaya TOH sabse pehle yehi bhagega taiyari mein, nai Mila TOH bolega "haha.. main to bol hi raha tha".

    Ye forum k naadaan baalak, itne Bhole hain ki inpe gussa BHI nai aata.

    Since u cud not pass d exam u r complaining.

    are bahubali darling ye argument thik nahi h
    Let's see n Rasputin bhaiya psychology ke ham betaaj badshah hain..attempt nahin milega re deva..mai taiyaari ke liye bhagunga
    haha. .bete agar mila jata attempt 2016 you 2017 mei toh poochhta..khair my best wishes !!
  • vignesh said:

    Am unable to open the writ from my mobile. Anyways great work. Can someone please let me know what is that we are demanding from this case? Compensatory attempt or cancellation of results?

    They are praying to be allowed to appear in mains 2017 if they make the cut after expert opinion......

    This doesn't help the non petitioners at all IMO. This is too selfish but maybe better to ask for this in SC than to pray for calcellation or another attempt. Don't know.

    I'd have donated had it been for making the process more transparent.

    Hi, Zen!

    If i may humbly have your permission to explain the intent of petition.

    1. Prayer cannot be anything. Prayer has to be based on the previous SC judgments.
    The court has never granted extra attempt or compensatory attempt in any cases similar to ours. Hence such a solution cannot be sought.
    The court, in numerable judgments have always rectified the cause of wrong. If questions are wrong, it will rectify the situation by eliminating the wrong questions because ultimately fraud and justice cant dwell together(Frans et jus nunquam cohabitant). Asking for compensatory attempt means legalizing the wrong done in this year's exam and therefore it cannot happen.
    Here's an example of what court has done in a similar situation.

    ----------------------------------------------------------------
    In Pankaj vs State of Jammu and Kashmir & Ors (2008) 4 SCC 273
    the hon’ble Supreme court held:
    “8. The learned Single Judge considered the rival contentions of the
    parties, perused the relevant record and the affidavit filed on behalf47
    of the Commission as well as two separate affidavits filed by two
    Members of the Commission who dissented in the final process
    undertaken by the Commission and issued following directions:
    "For the reasons stated above and in the facts and circumstances
    of the case, I allow all the writ petitions and direct the Public Service
    Commission as follows:
    (a) To delete the following questions of each paper of "A" series
    and their corresponding questions in "B", "C" and "D" series and
    distribute their marks pro-rata to remaining questions of the papers:
    (i) to (xi)
    (b) To separately redraw the merit of all the unselected candidates
    for the Main Examination in respect of compulsory paper of General
    Studies;
    (c) To redraw the merit of all the unselected candidates for the Main
    Examination as per direction (a) in respect of said ten optional
    subjects;
    (d) To separately redraw a combined merit list of such candidates
    who have appeared in the compulsory paper of General Studies and
    optional subject-papers, as mentioned in direction (a);
    (e) Also, to redraw a combined merit of compulsory paper of
    General Studies and optional papers of those candidates, in whose
    optional subject-papers there was no discrepancy, i.e., 1248
    remaining optional subjects, which include the subject-papers of
    Animal Husbandry, Botany, Indian History and Physics, and who
    have not been short-listed.
    (f) To conduct the special Main Examination of all such candidates,
    whose such combined redrawn merit is equal to or more than the
    merit of last short-listed candidate, in accordance with the
    procedure prescribed by the Examination Rules;
    (g) To complete the whole exercise within a period of six weeks;
    (h) To pay an amount of rupees one lac and thirty thousand as costs
    to the writ petitioners, at the rate of rupees ten thousands in each
    writ petition, to be shared by them equally...".
    --------------------------------------------------------------------------------

    2. The intention of the petitioners is not to stall or delay the examination process, the exam is carried under the constitutional mandate of article 320(1) and hence, the petitioners respect it. Therefore, cancellation of exam is not sought. It's for the court to decide to based on merits and demerits of the situation.
    The petitioners also respect the fact that there are 13,366 aspirants diligently preparing for the mains examination and hence, no such thing should be done that vitiates their preparation.

    3. What is the ultimate aim of this petition?
    a) Prove that questions were wrong. This will make sure that such questions will not repeat in future.
    b) bring up the issue of lack of transparency and accountability with respect to answer key. (pasting the excerpt from the petition in the end).
    c) accepting whatever relief the court grants by considering the facts and circumstances of this case.

    4. I would like to bring to your kind attention that the judgment will not apply for only the petitioners, but all the aspirants who have appeared at the exam this year. This is to prevent multiple petitions on the same issue. The court has always granted relief to everyone in similar cases. Recent example, Allahabad HC judgment on Neet.
    http://www.firstpost.com/india/neet-2017-allahabad-hc-asks-cbse-to-revise-marks-awarded-to-all-candidates-decide-rank-accordingly-3917641.html

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ (Continuing below)

    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
  • (Continuing from the above)
    Pasting the excerpts from the petition that deal with the issue of answer key.

    "UPSC and other State Public Service Commissions have similar
    status and mandate under Article 320(1) of the constitution of India.
    If other State public service commissions are releasing the answer
    key before Mains examination and are inviting objections for the
    answer key, what stops UPSC from following the same procedure?
    At (Annexure P-29, pp. 176-181), is the evidences of state public
    service commission inviting the objections for the released answer
    key. Inviting Objections for the answer key and releasing the
    answer key before Mains examination will only ensure that no one
    will file frivolous litigation. In the absence of such a mechanism and
    in case of a genuine objection, one has to unnecessarily spend time
    and resources on litigation. Transparency and Accountability are
    fundamental to governance of any institution and especially to a
    constitutional body like UPSC. It is considered to be the watchdog
    of merit system and it should be a prime example of instilling public
    faith in recruitment. Ignoring to resolve the issue at a very early
    stage will only create unnecessary doubts on the transparency and
    accountability of the process. Grievance redressal is key factor in
    effective, efficient and speedy governance. Not acknowledging
    grievances will invite litigations and delay the governance.
    Following the procedure to release answer key immediately after
    preliminary examination and inviting objections for the answer key
    will ensure both transparency and accountability in the process.
    Most importantly, it will create less opportunities for litigations. It
    will save the time and resources of the candidates, UPSC and this
    Hon’ble Court"

    "Kanpur University v. Samir Gupta, (1983) 4 SCC 309, held:
    “15.The findings of the High Court raise a question of great
    importance to the student community. Normally, one would be37
    inclined to the view, especially if one has been a paper setter
    and an examiner, that the key answer furnished by the paper
    setter and accepted by the University as correct, should not be
    allowed to be challenged. One way of achieving it is not to
    publish the key answer at all. If the University had not
    published the key answer along with the result of the test, no
    controversy would have arisen in this case. But that is not a
    correct way of looking at these matters which involve the future
    of hundreds of students who are aspirants for admission to
    professional courses. If the key answer were kept secret in this
    case, the remedy would have been worse than the disease
    because, so many students would have had to suffer the
    injustice in silence..."

    "What is an opaque practice of the UPSC is to release the Answer
    Key post completion of the entire selection process. This means that
    answer key for UPSC CS Preliminary Examination2017 will be
    released sometime in May-June 2018. By this time students
    appeared for UPSC CS Mains Examination 2017 and UPSC CS
    Personality Test 2017, and UPSC would have already published the
    final selection list, i.e. entire selection process would be over. In
    fact, selected candidates would be undergoing year long Civil
    Servants’ training. At that time UPSC would plead Fait Accompli and
    would casually dismiss all such claims"

    -------------------------------------------------------------------------------
    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
  • but how do u know what answers upsc has deemed to be correct ? they havent release the key yet..

    according to the evidences cited, the questions have two equally plausible answers and hence, answer key is not needed to prove ambiguity in the questions.
    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
  • Equally plausible answers are never ground of any cancellation of question mate ..Don't get me wrong but upsc later on may come up with answer key with both answer correct ..or may say that one answer is more plausible according to its benchmark.
    Having said it I think one should go ahead with the case .
    There won't be any extra attempt for sure .
    Legal case of CSAT victimisation will be dismissed like it was in suresh shukla case..everyone on the ground knows about it but still they are collecting money ..Rasputin if attempt is granted then only one will study ...I bet there is no chance watsoever through judiciary...
    If u want to lI've in illusion be it.
  • https://drive.google.com/open?id=0B6NgD3n6M7XPYlBXbC0xMnN1djQ

    There is our answer key in this. Is this key published by UPSC?
    See page no. 45
    "We dance around in a ring and suppose,
    The truth sits in the middle and knows"
  • https://drive.google.com/open?id=0B6NgD3n6M7XPYlBXbC0xMnN1djQ

    There is our answer key in this. Is this key published by UPSC?
    See page no. 45

    CSE 2016
    A diamond is just a piece of charcoal that handled stress exceptionally well.
  • Equally plausible answers are never ground of any cancellation of question mate ..Don't get me wrong but upsc later on may come up with answer key with both answer correct ..or may say that one answer is more plausible according to its benchmark.
    Having said it I think one should go ahead with the case .
    There won't be any extra attempt for sure .
    Legal case of CSAT victimisation will be dismissed like it was in suresh shukla case..everyone on the ground knows about it but still they are collecting money ..Rasputin if attempt is granted then only one will study ...I bet there is no chance watsoever through judiciary...
    If u want to lI've in illusion be it.

    Upsc has "already claimed" in it's reply that all questions are unambiguous and "have single answers".

    Questions have been cancelled when there was ambiguity. There are many examples of that.
    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
  • Why all 76 have to be part of petition
    Only 10 could do the job isnt it ?
    The justice will prevail ifeven its 1 petitioner @Einstein10
  • but how do u know what answers upsc has deemed to be correct ? they havent release the key yet..

    according to the evidences cited, the questions have two equally plausible answers and hence, answer key is not needed to prove ambiguity in the questions.
    Yes ans key is not needed to prove ambiguity in ques.
    But on previous ocassion UPSC has either given 2 ootions correct for same ques or cancelled the ques.
    So without having the ans key how could u tell that upsc has not cancelled those ambigous ques or considered both options correct.
  • but how do u know what answers upsc has deemed to be correct ? they havent release the key yet..

    according to the evidences cited, the questions have two equally plausible answers and hence, answer key is not needed to prove ambiguity in the questions.
    Yes ans key is not needed to prove ambiguity in ques.
    But on previous ocassion UPSC has either given 2 ootions correct for same ques or cancelled the ques.
    So without having the ans key how could u tell that upsc has not cancelled those ambigous ques or considered both options correct.
    Upsc has replied that for all questions asked in csp 2017, no question has multiple answers as correct.
    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
  • Why all 76 have to be part of petition
    Only 10 could do the job isnt it ?
    The justice will prevail ifeven its 1 petitioner @Einstein10

    No, 76 is still a meagre number. We need people in hundreds.

    The number of petitioners will Convey the magnitude of the issue and bring into the cognizance of the honorable the court the that the issue is affecting considerably large number of people.
    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
  • Why all 76 have to be part of petition
    Only 10 could do the job isnt it ?
    The justice will prevail ifeven its 1 petitioner @Einstein10

    No, 76 is still a meagre number. We need people in hundreds.

    The number of petitioners will Convey the magnitude of the issue and bring into the cognizance of the honorable the court the that the issue is affecting considerably large number of people.
    There are thousands of aspirants across the country who are genuinely aggrieved, once the case sets into motion, they will come forward and implead themselves as petitioners.
    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
  • The process of Addition petitioners will start by evening.
    Will share the details, please join the cause if you are aggrieved and make sure you don't lose the time and resources you have invested to prepare for this exam in previous years.

    People writing this years mains and people who are in service are also a part of our cause.
    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
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