C.Rev.61 of 2008 10.5.2010. Present: Mr.R.S. Chandel, counsel for the petitioner. Mr.Sandeep Sharma, Assistant Solicitor General of India, for respondents No.1 to 3. Mr.P.P. Chauhan, counsel for respondent No.5. We had disposed of CWP No.61 of 2001 with the following directions: “In view of the above discussion, we allow the writ petition, set-aside the order of the learned Tribunal dated 19.12.1997 to the extent that it directs that Sh.Keshav Ram be given the post of EDDA. The respondents 2&3 are directed to consider candidature of all the eligible candidates on the basis of law laid down by the learned Tribunal and to offer appointment to the most meritorious candidate. We may however clarify that till the fresh appointment is made the respondent No.5 shall be permitted to continue on this post.” The main dispute which has arisen is whether Tilak Ram is more meritorious in merit or not. According to Shri Keshav Ram, the original respondent, petitioner Tilak Ram in the writ petition, had scored 547 marks out of 1100 marks, whereas Tilak Ram had claimed that he had scored 547 marks out of 700. We had passed various orders from time to time and finally directed the Principal Secretary (Education) to the Government of H.P. to submit a report in this regard. He has submitted his report, the relevant portion of which reads as follows: “In view of above I could not find any document which establishes that total marks in the examination of 8th class in the year 1973 were different for government school students and that of Private school students appearing in the same school. Neither should it be so. It is established that the total marks in the examination of 8th class conducted by the Govt. Middle School Darech in the year 1973 were 1100. After thorough enquiry and careful consideration of the matter, and detailed submissions made by the parties concerned I am of the opinion that total marks in the annual examination of 8th class of the Janta Middle School Juggar in the year 1973 were 1100.” -2- C.Rev.61 of 2008 A copy of this report was supplied to the opposite parties as far back on 19th October, 2009. No objections to this report have been filed by any party. Therefore, we accept the report and the merit of Tilak Ram will be determined by accepting this report i.e. he has obtained 547 marks out of 1100 marks. His percentage will be worked out accordingly. Shri Tilak Ram had filed a copy of his mark-sheet dated 6.1.1997, which contained the words . These words were not found in the school record as noted by us in the order, dated 17.3.2009. Even a bare perusal of the original school leaving certificate shows that the words as well as figure have been interpolated on a different date since these words and figure “700” appear in a different ink and pen. It is, therefore, obvious that Tilak Ram has tried to hoodwink this Court. In view of the aforesaid findings, we are of the considered view that our finding in the writ petition that Tilak Ram was higher in merit to Keshav Ram was incorrect and based on the wrong information supplied by Tilak Ram. Therefore, the review petition is allowed and the order dated 6.8.2008 is recalled to the extent that we had held that Tilak Ram was higher in merit to Keshav Ram. In fact, as observed by us above, the percentage of Tilak Ram shall be calculated by considering his 547 marks out of 1100 and then the merit will be worked out. The remaining portion of the writ order shall stand it is. In view of the above discussion, the review petition is allowed with costs assessed at Rs.10,000/-, which costs shall be paid by Tilak Ram, present respondent No.5, to the petitioner Keshav Ram within a period of six -3- C.Rev.61 of 2008 weeks from today, failing which, the petitioner Keshav Ram can execute the order in appropriate proceedings. The original school leaving certificate of Tilak Ram, as produced in court, be returned to Shri P.P. Chauhan, Advocate, against proper receipt. The review petition stands disposed of accordingly. (Deepak Gupta), Judge. May 10, 2010. (V.K. Ahuja), (trs) Judge.