IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 957 (SS) of 2010 Virendra Singh and others …Petitioners Versus Uttarakhand Public Service Commission …Respondent Mr. Sandeep Tiwari, the learned counsel for the petitioners. Mr. B.D. Kandpal, the learned counsel for the respondent. And Writ Petition No. 1095 (SS) of 2010 Kumari Anju …Petitioner Versus Uttarakhand Public Service Commission …Respondent Mr. Sandeep Tiwari, the learned counsel for the petitioners. Mr. B.D. Kandpal, the learned counsel for the respondent. Hon’ble Sudhanshu Dhulia, J. Heard the learned counsel for the parties. The case of the petitioners is that they have been wrongly disqualified in the typing test, which was conducted by the State Public Service Commission for the selection to the post of Assistant Review Officers. The main contention of the petitioners is that they were asked to type certain paragraph in Hindi but on a particular software, where the software itself was defective and therefore, it was not their fault if they did not qualify the typing test. Since there were different passages given to different batch of candidates, this Court had asked the counsel representing the State Public Service Commission to produce the transcripts of passages of the candidates who appeared in the said batch of 25 candidates, out of which five have qualified, which appears to be a reasonable figure inasmuch as the total candidates who had appeared were 2953 for a total seat of 96. the Court has also examined the transcripts of about 25 candidates out of which five candidates have qualified in the said examination and the marks have been given to them on the basis of number of keys punched and number of mistakes done by them. The contention of the petitioners that they have failed not because of their own lack of ability but due to fault in the software is totally untenable. The petitioners have failed to establish their case, therefore, the writ petition is liable to be dismissed and is accordingly dismissed. Moreover, by this time, the result of the successful candidates has been declared and the Commission has sent the same to the State Government. The writ petition is dismissed. No order as to costs. (Sudhanshu Dhulia, J.) Dated: 09.08.2011 VKG