# Samrah Ahmad v. State of U.P. & Ors

- **Citation:** (2024) 10 ILRA 26
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-10-04
- **Case number:** Writ A No. 7076 of 2021
- **Bench:** Ajit Kumar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/samrah-ahmad-v-state-of-u-p-ors-51148
- **Pages:** 137

## Headnote

Civil Law - Service Law - Recruitment -
U.P. Jal Nigam (Urban) and U.P. Jal Nigam
(Rural) - Segregation of tainted and
untainted candidates - Appointment of
Unblemished Candidates - Rejection of
Tainted Candidates - Corporation annulled
the entire selection and appointment of
RGC, AE, JE on the ground that entire
selection process stood compromised and
it was very difficult to trace out and
explain as to at what stage and in what
manner manipulations had taken place
and it was difficult to identify as to who
were the untainted candidates. Issue:
Whether material discussed in the orders
impugned were cogent enough to reach
out to a conclusion that entire selection
process
in
respect
of
vacancies
of
AE/JE/RGC in question was so much
compromised that there left no possibility
10 All. Samrah Ahmad Vs. State of U.P. & Ors.
27
to
segregate
tainted
from
untainted
candidates, and was imperative to cancel
entire selections and appointments made
in respect of those very posts. Held: There
was sufficient material available with the
respondents especially the CFSL report to
hold
169
candidates
to
be
tainted
candidates
and
the
order
impugned
therefore,
in
respect
of
untainted
candidates
set
aside.
Doctrine
of
impossibility would not attract, once 169
candidates were found to be only
candidates with inflated marks during
the
forensic
examination
by
the
established
and
recognized
Central
Forensic Laboratory, Hyderabad, there
remains nothing further to undertake
any enquiry for segregation of tainted
and untainted candidates. No finding
either by the SIT or the other two inhouse inquiry reports which can be
indicative of the fact that any other
candidate was indulged in any corrupt
practice
or
tried
to
influence
the
selectors to award him/her special
marks. There was no sufficiency of
material collected on the basis of which
satisfaction came to be recorded, nor
there was any material to be indicative
of fact that any candidate in order to
find favour committed any kind of fraud
in connivance with or in conspiracy
with the selectors. SIT report do not
indicate
of
any
widespread
and
systemic level malpractice. Impugned
order quashed and as a consequence
the Court restored the appointment
orders of all those petitioners, who
were
untainted
(other
than
169
candidates) and have found place in the
merit list and were given appointments.
It was provided that petitioners will not
be entitled to any arrears of pay for the
period they have remained unemployed,
but their seniority shall be restored and
so also pay protection shall be granted
accordingly with notional increments.
U.P. Jal Nigam (Urban) and U.P. Jal
Nigam (Rural) each directed to adjust
50% of untainted candidates in their
respective
departments.
The
adjustment was to be roster based.
(Para 375)
Allowed. (E-5)
List of Cases cited:

## Text

_Characters 0–39,997 of 456,267. This is a partial read: ask again with offset=39997 for what follows._

26 INDIAN LAW REPORTS ALLAHABAD SERIES
Debtor and its liabilities particularly when
it is a matter of common knowledge that
once the demised land is leasehold then
obviously
an
intending
party
would
approach the lessor to get the details with
respect to title and position of lease rentals.
In other words, this Court cannot peep into
mind of the petitioner so as to perceive as
to whether any investigation was conducted
at the level of intending party or to what
extent.

24. So far as the reliance placed upon
the judgements in Llovegeet Dhuria
(Supra), S.K. Bakshi (Supra) and M/s
Kalyani (India) Private Limited (Supra)
are concerned, they are not applicable in
the facts of the case as the issue involved in
those cases was relatable to a pending
litigation at the instance of the secured
creditor which was not disclosed in the
auction notice. However, in the present
case, there is no dispute to the ownership
and the title of the land in question.

25. Nonetheless, the present case is a
classic
example
of
approbating
and
reprobating at the same time while resiling
from an obligation which stood entered at
the own volition of the appeal.

26. As regards the submission that the
appellant is ready to deposit the bid amount
subject to the removal of the obstructions
from the auction land is concerned, the
same cannot be accepted for the simple
reason that it is not within the domain of
the Court to re-write the terms and the
conditions of the auction which stood
settled between the parties.

27. Viewing the case from all the
points of angle, we are of the firm opinion
that order of the Company Judge dated
12.9.2024
passed
in
Civil
Misc.
Application No.46 of 2024 in Company
Misc. Application No.3 of 1995 does not
suffer from any legal infirmity so as to
warrant interference in the appeal.

28.
Resultantly,
the
appeal
is
dismissed.
----------
(2024) 10 ILRA 26
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 04.10.2024

BEFORE

THE HON'BLE AJIT KUMAR, J.

Writ A No. 7076 of 2021

Samrah Ahmad ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Siddharth Khare, Sr. Advocate

Counsel for the Respondents:
Aditya Bhushan Singhal, C.S.C., Pranjal
Mehrotra

Civil Law - Service Law - Recruitment -
U.P. Jal Nigam (Urban) and U.P. Jal Nigam
(Rural) - Segregation of tainted and
untainted candidates - Appointment of
Unblemished Candidates - Rejection of
Tainted Candidates - Corporation annulled
the entire selection and appointment of
RGC, AE, JE on the ground that entire
selection process stood compromised and
it was very difficult to trace out and
explain as to at what stage and in what
manner manipulations had taken place
and it was difficult to identify as to who
were the untainted candidates. Issue:
Whether material discussed in the orders
impugned were cogent enough to reach
out to a conclusion that entire selection
process
in
respect
of
vacancies
of
AE/JE/RGC in question was so much
compromised that there left no possibility
10 All. Samrah Ahmad Vs. State of U.P. & Ors.
27
to
segregate
tainted
from
untainted
candidates, and was imperative to cancel
entire selections and appointments made
in respect of those very posts. Held: There
was sufficient material available with the
respondents especially the CFSL report to
hold
169
candidates
to
be
tainted
candidates
and
the
order
impugned
therefore,
in
respect
of
untainted
candidates
set
aside.
Doctrine
of
impossibility would not attract, once 169
candidates were found to be only
candidates with inflated marks during
the
forensic
examination
by
the
established
and
recognized
Central
Forensic Laboratory, Hyderabad, there
remains nothing further to undertake
any enquiry for segregation of tainted
and untainted candidates. No finding
either by the SIT or the other two inhouse inquiry reports which can be
indicative of the fact that any other
candidate was indulged in any corrupt
practice
or
tried
to
influence
the
selectors to award him/her special
marks. There was no sufficiency of
material collected on the basis of which
satisfaction came to be recorded, nor
there was any material to be indicative
of fact that any candidate in order to
find favour committed any kind of fraud
in connivance with or in conspiracy
with the selectors. SIT report do not
indicate
of
any
widespread
and
systemic level malpractice. Impugned
order quashed and as a consequence
the Court restored the appointment
orders of all those petitioners, who
were
untainted
(other
than
169
candidates) and have found place in the
merit list and were given appointments.
It was provided that petitioners will not
be entitled to any arrears of pay for the
period they have remained unemployed,
but their seniority shall be restored and
so also pay protection shall be granted
accordingly with notional increments.
U.P. Jal Nigam (Urban) and U.P. Jal
Nigam (Rural) each directed to adjust
50% of untainted candidates in their
respective
departments.
The
adjustment was to be roster based.
(Para 375)
Allowed. (E-5)
List of Cases cited:

1. Ashok Kumar Yadav Vs St. of Har. & ors.,
1997 AIR SC 454

2. Gohil Deshraj Anubhai & ors. Vs St. of Guj. &
ors., (2017) 13 SCC 621,

3. St. of Tamilnadu & ors. Vs Kalaimuni & ors.,
(2021) 16 SCC 217

4. Puneet Bhardwaj Vs Delhi St. Government
being Writ - C No. 15270 of 2022

5. R. Premlata & ors. Vs St. of Tamilnadu Writ
Petition No. 19939 of 2014 dt 17.11.2022
(Madras HC)

6. Madhya Pradesh Vs Narmada Bachao Andolan
& ors. and the connected matters, (2011) 7 SCC
3639

7. IN Re: Special Reference No. 1, (2002) 8 SCC
237

8. U.O.I.Vs O. Chakradhar, (2002) 3 SCC 146

9. M/s. Aptech Ltd. Vs U.O.I., 2021 (1) High
Court Cases Del. 580

10. Bank of India Vs Vijay Transport & ors.
(2000) 8 SCC 512

11. Indrapreet Khalon & ors. Vs St. of Pun. &
ors. 2006 (11) SCC 356

12. Benni TD Vs Registrar Cooperative Societies
(1998) 55 SCC 269

13. Omkar Lal Bajaj Vs U.O.I.(2003) 2 SCC 673

14. Joginder Pal & anr. Vs. St. of Pun. (2014) 6
SCC 644

15. St. of N.C.T. Delhi & anr. Vs Sanjeev @
Bittu, (2005) 5 SCC 181

16. Akanksha Yadav Vs St. of U.P. & ors. in
Special Appeal Defective No.- 127 of 2023 dt
12.04.2023
28 INDIAN LAW REPORTS ALLAHABAD SERIES
17. Ran Vijay Singh & ors. Vs St. of U.P. & ors.
(2018) 2 SCC 437

18. Vanshika Yadav Vs U.O.I.& ors.; 2024 SCC
Online SC 1870

19. Anamika Mishra & ors. Vs Uttar Pradesh
Public Service Commission, Allahabad, 1990
Suppl. SCC 692

20. Kapil Kumar & ors. Vs St. of U.P. & ors.,
(2023) SCC Online 4024

21. Shri Dhar Yadav & ors. Vs St. of U.P. &
ors.

22. Mohinder Singh Gill & anr. Vs Chief Election
Commissioner & ors., 1978 (1) SCC 405

23. M/s Aptech Ltd. Vs U.P. Power Corporation
& ors., (2019) SCC Online Allahabad 4906

24. Teri Oat ESt.s Pvt. Ltd. Vs Union Territory,
Chandigarh, (2004) 2 SCC 130

25. Sachin Kumar & ors. Vs Delhi Subordinate
Service Selection Board & ors., (2021) 4 SCC
631

26. R. Prem Lata & ors. Vs St. of Tamilnadu &
ors. being Writ No. 19939 of 2014

27. St. of Rajasthan & ors. Vs Heem Singh,
(2021) 12 SCC 569,

28. Moni Shankar Vs U.O.I., (2008) 3 SCC 484

29. M. Siddiq (D) through legal representatives
Ram Janm Bhumi Temple Case Vs Mahant
Suresh Das & ors., (2020) 1 SCC 1

30. N.G. Dastane Vs S. Dastane, (1975) 2 SCC
326

31. Ram Chandra Singh Vs Savitri Devi & ors.;
(2003) 8 SCC 319

32. Chittranjan Das Vs Durgapore Project Ltd.:
1995 (2) Calcutta Law Journal 338

33. St. of Chhatisgarh Vs Dhirojo Kumar Sengar;
(2009) 13 SCC 600

34. Badami (Deceased) by her L.R. Vs Bhali:
(2012) 11 SCC 574

35. U.P. & ors. Vs Arvind Kumar Srivastava &
ors. (2015) 1 SCC 347

(Delivered by Hon'ble Ajit Kumar, J.)

1. Heard Sri Ashok Khare, learned
Senior Advocate assisted by Sri Siddharth
Khare, Sri Ashish Mishra, Sri Seemant
Singh and Sri Radha Kant Ojha, learned
Senior Advocate assisted by Sri Namit
Srivastava for petitioners, Sri Manish
Goyal, learned Senior Advocate assisted by
Ms. Anjali Goklani and Ms. Ananya
Shukla, learned counsel appearing on
behalf of respondent U.P. Jal Nigam, Sri
Ajeet Kumar Singh, learned Additional
Advocate General assisted by Sri Amit
Verma, learned Standing Counsel for the
State respondents, Sri Sanjay Kumar Om,
learned counsel for the U.P. Jal Nigam
(Rural) and Sri V.K. Rai and Sri Aditya
Bhushan Singhal, learned counsel for U.P.
Jal Nigam (Urban), Ms. Meha Rashmi,
learned counsel appearing for respondent
M/s. Aptech Limited.

2. This bunch of petitions consists of
above noted writ petitions that arise out of
the same advertisements and selections qua
posts
of
Assistant
Engineers,
Junior
Engineers (different trades) and Routine
Grade Clerks of same department namely
U.P.
Jal
Nigam
and
are,
therefore,
connected. Now this bunch of petitions is
being heard and decided.

FACTS

3. The erstwhile U.P. Jal Nigam prior
to its split into two corporations, namely,
U.P. Jal Nigam (Urban) and U.P. Jal Nigam
(Rural) issued advertisements on 18th June,
2016,
28th
October,
2016
and
29th
10 All. Samrah Ahmad Vs. State of U.P. & Ors.
29
November, 2016 inviting applications for
making selection and appointments against
335 vacancies of Routine Grade Clerks
(including stenographers), 853 vacancies of
Junior Engineers in the break-up of 723 for
Civil trade, 126 of Mechanical/ Electrical
trade and 122 vacancies of Assistant
Engineers in the break-up 113 for Civil
trade, 5 for Mechanical/ Electrical trade
and 4 Computer Science/ Electronic
Communication.

4. As against the posts of Assistant
Engineers about 34128 candidates in
different trades, 61,452 candidates for the
posts of Junior Engineers (different trades)
and 84,643 candidates against the post
Routine Grade Clerk appeared in the
Computer Based Test (CBT) that was held
for the selection and appointment purposes.

5. The CBT for the post of Assistant
Engineers
was
conducted
on
16th
December, 2016 in 2 shifts, one for Civil
and one shift for other trades, whereas for
the post of Junior Engineer, the CBT was
held on 6th December, 2016 and 7th
December, 2016 in 5 shifts and for the
Routine Grade Clerk, the CBT was held
from 5th August, 2016 to 7th August, 2016
inclusive.

6. Four set of question papers were
prepared for the post of Assistant Engineer
consisting of 80 questions each. For the
post of Junior Engineers five set of
question papers consisting of 80 questions
each and for the Routine Grade Clerk nine
question papers were prepared consisting of
80 questions each.

7. The CBT results were declared for
the posts of Assistant Engineer on 17th
December, 2016 for the post of Junior
Engineer on 7th December, 2016 and for the
Routine Grade Clerk on 9th August, 2016.

8. In the category of Assistant
Engineers (Civil) 522 candidates, in the
category of Mechanical 22 candidates and
Computer
Science/
Electronic
Communication 20 candidates were shown
to have qualified in the CBT.

9. In respect of the Junior Engineers
3961 candidates qualified for civil trade,
whereas 699 candidates qualified in the
Mechanical/ Electrical trade.

10. In the CBT conducted for Routine
Grade Clerks and Stenographers in 2316
candidates were shown to have qualified
and out of that only 718 candidates were
successful in the typing test, who were
ultimately interviewed.

11. In order to conduct interview the
corporation proceeded to constitute Boards.
6 Interview Boards were constituted for
Assistant Engineers. 10 Interview Boards
were constituted for Junior Engineers and 6
Interview Boards were constituted for
Routine Grade Clerks.

12. Interview for the post of Assistant
Engineers in different trades were held on
30th December, 2016 and 31st December,
2016. For the posts of Junior Engineer in
different trades were held from 19th
December, 2016 to 7th December, 2016
inclusive and for Routine Grade Clerk
interviews were held from 30th November,
2016 to 2nd December, 2016 inclusive.

13. For the post of Assistant Engineer
each Board had been assigned 2 slots each
day to conduct interview. For Junior
Engineer each Board had been assigned
only one slot each day for 6 days and so
30 INDIAN LAW REPORTS ALLAHABAD SERIES
also 6 Boards were constituted for Routine
Grade Clerk that had one slot for 3 days.

14. In the case of Assistant Engineer
there were two slots, one for the morning
session and the other one for post lunch
session, whereas in case of Junior Engineer
and
Routine
Grade
Clerk
the
slots
continued from morning to evening.

15. The records reveal as per the
reports relied upon by the respondents to
wit, investigation reports submitted by
Special Investigation Team, statements
have been made by those who were
members of interview board that the time
schedule for interview was 10:30 am to
5:30 pm and in some cases 10:00 am to
5:00 pm (as per the statements made by
two different members of different board)
so approximately 15 candidates in 60
minutes if absentees are also included.

16. The records further reveal that as per
the pleadings in the counter affidavit filed in
writ petition being Writ - A No.- 7076 of
2021 (Samrah Ahmad v. State of U.P. and
others), each Board for the post of Assistant
Engineers category had been assigned
minimum 18 candidates to maximum 28
candidates to be interviewed in one shift.
Likewise for the post of Junior Engineer,
each Interview Board was assigned minimum
64 to maximum 86 candidates for each day to
be interviewed and for the Routine Grade
Clerk each Board had been assigned
minimum 29 to maximum 44 candidates to
be interviewed each day. The numbers are
seen to be in reducing trend looking to the
days scheduled for interview both in the case
of Junior Engineer and Routine Grade Clerk
as the days progressed.

17. The records further reveal that the
candidates who had been called for
interview
for
the
post
of
Assistant
Engineers, were 564 in number, however,
16 candidates remained absent. In the
category of Junior Engineer out of 4660
candidates, 266 candidates were absent in
interview.

18. Further the selection for the post of
stenographer
was
cancelled
on
16th
December, 2016. The final select list for
the post of Assistant Engineers was
declared on 3rd January, 2017, for the post
of Junior Engineers was declared on 2nd
January, 2017 and for Routine Grade Clerk
select list was declared on 24th December,
2016. The appointment orders for the posts
of Assistant Engineers were issued on 3rd
January, 2017, for the post of Junior
Engineer were issued on 2nd January, 2017
whereas for the post of Routine Grade
Clerk appointment orders were issued
much before on 24th December, 2016.

19. The entire above selection process
was outsourced to M/s Aptech Limited - a
private agency, who has been conducting
online tests for the purpose of selection and
recruitment
to
various
Government
departments and other establishments.

20. M/s Aptech Ltd. used a cloud
server
CtrlS
Mumbai
to
register
applications of the candidates online, the
digital copy of the admit cards were
uploaded to be downloaded by the
candidates for CBT to be held at the
assigned centres on scheduled dates on
online mode.

21.
In order
to
undertake
this
exhaustive
exercise
and
to
ensure
transparency and at the same to maintain
integrity of online examination data and the
result processing by the outsourced agency
agreements was entered between the
agency and U.P. Jal Nigam for Junior
10 All. Samrah Ahmad Vs. State of U.P. & Ors.
31
Engineers on 28.10.2016, for Assistant
Engineers on 15.12.2016 and for Routine
Grade Clerks on 17.06.2016. One such
contract (work order) reached between the
agency and the Corporation is reproduced
hereunder:

"WORK CONTRACT

This Work Contract (WC) is
made at Mumbai on this 17th day of June
2016
BETWEEN

Uttar Pradesh Jal Nigam, a
Corporation having its Head office at 6,
Rana Pratap Marg, Lucknow- 226001
Uttar Pradesh, hereinafter referred to as
"U.P. Jal Nigam" (which expression shall
unless it be repugnant to the context or
meaning thereof be deemed to include its
successors entitled and permitted assigns)
OF THE FIRST PART.
AND

APTECH LIMITED, a Company
incorporated under the Companies Act.,
1956 having its registered office at A-65.
Aptech House, MIDC, Marol, Andheri
East, Mumbai - 400 093, hereinafter
referred
to
as
"APTECH
LIMITED/Agency" which expression shall,
unless it be repugnant to the context or
meaning thereof, be deemed to include its
successors
in
entitled
and
permitted
assigns). OF THE SECOND PART.

Where as The State Government
Constituted a Corporation by the name of
UTTAR PRADESH JAL NIGAM in the year
1975 which came into existence with effect
from 18th June 1975, whose area of
operation extends to whole of Uttar
Pradesh, excluding Cantonment areas
under an Act called as Uttar Pradesh
Water Supply & Sewerage Act, 1975. The
basic objective of creating this corporation
is development and regulation of water
supply & sewerage services and for
connected matters therewith.

Whereas APTECH LIMITED and
its subsidiaries interalia are engaged in
providing testing, training, certification
and other allied services and provides
various types of survey, assessment &
testing services to various clients including
individuals, educational institutions, firms,
corporate
and
other
enterprises,
government undertakings, organizations
and departments and others and also
provides software, hardware and training
support to all such clients.

Whereas U. P. Jal Nigam is
desirous of awarding work contract to
APTECH
LIMITED
for
conduct
of
computer based exam for recruitment of
routine grade clerk & stenographer as per
the terms and conditions as also allocation
of responsibilities contained herein below:-

Salient Features of Recruitment
Exam on C.B.T. Mode:

1. Recruitment Examination to be
conducted
for
Routine
Grade
Clerk
(R.G.C.) & Stenographer (Grade-IV).

2. There would be following types
of
examination
for
above
stated
recruitments-

2.1 C.B.T. Mode test for Routine
Grade Clerk (R.G.C.)

2.2
C.B.T.
Mode
test
for
Stenographer

2.3 Computer Type Test for
R.G.C.

2.4 Stenography Test including
Computer Type Test for stenographer3.
The candidates' qualification appearing for
the entrance exam would be Intermediate
(10+2)
with
prescribed
computer
knowledge. Both the groups would have to
be rendered separate set of 80 questions.

4. The exams would be conducted
over a period of time in multiple sessions.
32 INDIAN LAW REPORTS ALLAHABAD SERIES

5. The exam would be of 1 Hour
duration. There would be 80 Questions in
the exam of MCQ basis.

6. All the questions would be of
objective type Multiple Choice with 4
options.

7. The online C.B.T. exam would
be conducted in English and Hindi
language, where ever possible.

8. After shortlisting of candidates
(Count would be provided by UP Jal
Nigam based on the vacancies) for
Computer Type Test and Stenography Test.

9. Based on the accumulating
scores, the merit list for selected candidates
would be prepared and handed over to UP
Jal Nigam.

APTECH
LIMITED'S
RESPONSIBILITIES:

1.
On-line
registration
of
candidates during the stipulated period.

2. In the registration form,
provision will be made for choice of five
centers in order of preference. Candidate
will be allotted a center based on his/her
preferred choice depending upon the
availability.

3. Aptech Limited will provide
payment gateway for payment of exam fees
by candidates. The gateway will be
integrated with U. P. Jal Nigam bank
account for this purpose. Transaction fee
as applicable, against the fee amount for
online/offline payments will be borne by the
candidate. Provision for candidates to pay
through bank challan, will also be done.

4. Aptech Limited would conduct
the examination through the C.B.T. mode.

5. Aptech Limited, shall provide
the testing services through the Test center
infrastructure installed at its Aptech
Limited Authorized Test Centers (AATCs)
for conduct of the online exams at the
locations listed in the annexure A. Aptech
Limited would designate a Test Center
subject to the center holding a minimum of
100 nodes. If number of exams per center is
less
than
100,
Aptech
Limited
in
consultations with U.P. JAL NIGAM would
finalize alternate location. U. P. JAL
NIGAM would communicate to Aptech
Limited at least 30 days in advance about
the choice of final locations.

6. APTECH LIMITED will ensure
that the necessary security controls and
measures in respect of the equipment/
infrastructure provided to candidates are
maintained. It would be responsibility of
Aptech Limited to maintain the integrity
and sanctity of the test environment at all
centers.

7. Aptech Limited would be
generating question data bank on the
specifications provided by U. P. JAL
NIGAM.

8. Aptech Limited would provide
the Results in 5 working days from
conclusion of the last examination. The
result would be based on C.B.T. test marks,
educational qualification marks & other
specified marks. The results would reflect
candidate wise and topic wise score.

9. Aptech Limited would conduct
Hindi/English
type
test
of
selected
candidates. Stenography test would be
conducted for the candidates against
stenographer post. Since this test is
qualifying in nature, the test result would
be in two parts i.e. list of successful & list
of unsuccessful candidates.

10. Based on merit list against sl.
8
excluding
unsuccessful
candidates
against sl.9, U.P.J.N. would conduct
interview of selected candidates. The marks
of interview would be made available to
Aptech Limited after which result of
various category would be prepared &
handed over to U.P. Jal Nigam.

11. Test centre capacity planning
for exam would be for 50000 candidates.
10 All. Samrah Ahmad Vs. State of U.P. & Ors.
33

12. Aptech Limited would provide
5 seats for helpdesk in Lucknow, so that the
coordination would be smooth between UP
Jal Nigam. Helpdesk would consist of Toll
free, tolled and Email support to resolve
candidate queries.

13. After Handover of results in
soft and duly signed hard copies of each
stage Aptech Limited would not retain data
for six months. Also the support would be
provided to address candidates queries for
six months after declaration of result.

14. Responsibilities of Security
and non-leakage of question papers,
accurate evaluation and tabulation of
marks will fully rest with Aptech Limited.

U.
P.
JAL
NIGAM
RESPONSIBILITIES:

1. The advertisements regarding
examination as needed will be issued by the
U. P. Jal Nigam. The cost of these
advertisements will be borne by the U. P.
Jal Nigam.

2. Bank account opening for fee
collection purpose would be done by U.P.

Jal Nigam. The required details
for the same would be shared to Aptech
Limited.

3. Declaration of results will be
the responsibility of U. P. Jal Nigam.

4.
Interview
of
selected
candidates would be conducted by U.P. Jal
Nigam.

5. U.P. Jal Nigam undertakes to
comply with all the access authorization
and access controls as may be prescribed
by Agency. U.P. Jal Nigam shall limit the
access to Services Environment only to the
Authorized
Users.
U.P.
Jal
Nigam
acknowledges that the Services offered by
Agency under this Agreement are not the
data processing services but are in the
nature
of
information
technology
infrastructure and application services for
U.P. Jal Nigam's own data processing and
business use only and agrees that the U.P.
Jal Nigam shall not, in any way,
commercially
exploit
the
Services
otherwise. UP. Jal Nigam shall only be
responsible for activity occurring under its
control and shall abide by all applicable
laws. U. P. Jal Nigam shall be always
vigilant about any unauthorized use of the
Services or Services Environment by any
person
other
than
authorized
user.
However, on detection of the same, the
U.P. Jal Nigam shall notify Agency
immediately of any unauthorized use of the
Services of Services Environment and the
Agency shall immediately take remedial
action. U.P. Jal Nigam undertakes that all
UP. Jal Nigam Data will not infringe the
intellectual property rights of any third
party.

COMMERCIAL TERMS:

1. The pricing for APTECH
LIMITED's services is on a per -candidate
per exam basis. Aptech Limited will charge
Rs.405/- (service tax extra) per candidate
for total no. candidates scheduled booked
for the C.B.T. exam for R.G.C. and
Stenographer, Rs.120/- (service tax extra)
per candidate for total no. candidates
scheduled booked for the Typing Test/
Stenography & typing Test. The pricing
includes cost for generation of question
data bank and compilation of result. U.P.
JAL NIGAM will be charged for absent
candidates. Service Tax will be applicable
on the above price as per prevailing
Government of India rules & rates at the
time of invoicing.

2. Aptech Limited will raise
invoice in following manner:

a. 25% after generation of admit
cards

b. 25% after computer based test

c. 50% after handing over of final
result
34 INDIAN LAW REPORTS ALLAHABAD SERIES

3. The Bank guarantee amount
shall be 10% value of total contract cost
with a minimum of Rs. 15.00 lacs. Bank
guarantee of Rs. 15.00 lacs would be
submitted at the time of agreement and
balance amount if any would be deposited
immediately after closer of submission of
application form. The bank guarantee
would be released after three months of
handing over of final result.

GENERAL
TERMS
AND
CONDITIONS:

1. The Contract for conduct of the
entrance exam is valid for the current
appointment of routine grade clerk &
stenographer post, however it may be
extended for further appointment after
mutual consent as per same terms and
conditions.

2. The execution, validity and
performance of this work contract shall be
governed in all respects by the laws of
India.

3. U.P. JAL NIGAM and Aptech
Limited in performance of any contractual
obligations shall stand exonerated for such
failure due to circumstances beyond their
control including force measure conditions.

4. The question bank created
would remain with Aptech Limited.

5. Payment to be released within
30 days of the submission of the invoice.

6. Payment to be made by
cheque/DD RTGS payable to Aptech
Limited, payable at Mumbai.

7. The party affected by Force
Measure shall notify the other party
without delay. In the event that the affected
party is delayed in or prevented from
performing its obligations under this
Agreement by Force Measure, only within
the scope of such delay or prevention, the
affected party will not be responsible for
any damage by reason of such a failure or
delay of performance. The affected party
shall take appropriate means to minimize
or remove the effects of Force Measure and
attempt to resume performance of the
obligations delayed or prevented by the
event of Force Measure. After the event of
Force Measure is removed, both parties
agree to resume performance of this
Agreement with their best efforts.

8. The parties shall strive to settle
any dispute arising from the interpretation
or performance in connection with this
Agreement through friendly consultation
within 30 days after one party asks for
consultation. In case no settlement can be
reached through consultation, each party,
can submit such matter to the Courts in
Lucknow alone.

9. The validity, interpretation and
implementation of this Agreement shall be
governed by the Indian laws.

10. Time of completion of this
work would be 120 days from date of start.
In case of delay a penalty of Rs. 50,000=00
per day would be deposited by Aptech
Limited with a maximum of 10% of
contract value.

11. In case malpractices, willful
manipulation is found during the execution
of this agreement, the agreement would be
rescinded & performance security & other
payments would be forfeited.

SCOPE OF WORK:

a. Design and development of
customized ONLINE Application form with
facility
to
upload
scanned
copy
of
candidate's photograph, thumb impression,
signature and other documents such as
proof
of
Date
of
Birth,
Education
qualification, Caste, Dependent of freedom
fighter, Ex- serviceman and Physically
Handicap certificate, sport experience
certificate etc. as applicable to each
category of candidate.
10 All. Samrah Ahmad Vs. State of U.P. & Ors.
35

b. System should have inbuilt
validation system to validate the data
entered. The system should guide the
candidate through pop-up messages, before
final
submission.
Eligibility
of
the
candidates has to be checked/validated
with reference to the age, qualification,
category and fees, besides relaxation
provided to various categories in terms of
age & fees, on the basis of data furnished
by the candidate in the Application form.

c. Candidate should be able to
login into the system by using Application
number and Password (to be sent to the
candidate after registration, through SMS
to Registered Mobile Number (RMN) and
E-mail ID) to download the Bank-Challan
for Off-line payment of Application fees in
bank (optional) and download/print the
completely filled form, Admit Card (with
photo, thumb impression and signature and
other
details),
Instruction
sheet
and
Acknowledgement/ Declaration form.

d.
Providing
and
operating
VeriSign-quality/security seal, integrate
payment gateway, Debit/Credit Card, and
manage online/offline payments.

e. After validation of Application
fee
and
successful
submission
of
Application form, the system will process
the same and generate Application number
and password for each candidate. Beside
the above the system will generate a
Unique ID (Roll No.) for each candidate,
which be communicated to him and will be
required for login to start the C.B.T.

f. Admit card for C.B.T. & type
and stenography test and for interview are
to be dispatched/informed through EMail/SMS to Registered Mobile Number
simultaneously.

g. Conciliation of Application
fees deposited through Challan, ATM cum
Debit card /credit card and payment
gateways, & validation thereof.

h. Generation of attendance sheet
with preprinted candidate's photo, thumb
impression and signature. The invigilator
will enter the node number in the
attendance sheet, which will be duly signed
by
the
candidate
the
invigilator
&
representative of U. P. Jal Nigam.

i.
Booking
of
reputed
Examination venues (venues are to be well
connected to railway station and bus stand
by local transport. Neat and clean secured
place with proper ventilation, light & fan,
fresh drinking water, seating arrangement,
first aid box and other basic amenities).

j. Seating arrangement for C.B.T.
should be such that no two candidates sit
side by side with same set of question
paper.

k. Alternate source of supply
(Generator of sufficient capacity) should be
in standby position with operator.

l. Design and development of
Question Bank in bilingual language
(English and Hindi) with multiple choice
answers (80 nos.), so as to judge the Hindi
Knowledge & Hindi writing aptitude (40
questions),
General
Knowledge
(20
Questions),
General
aptitude
(20
Question).

m. The encrypted question paper
should be password protected and pushed
to the local server before the scheduled
time. Password should be given before the
start of the C.B.T. It should be ensured that
there are no repetitions of question, in
different shifts.

n. The C.B.T. is to be carried out
in a single day/ multiple day based on the
candidate count at all centers. Deputing
coordinators to test venues, transportation
of man and material under full security.
Evaluation of C.B.T. and short listing the
candidates" branch wise and category
wise, on the basis of merit of marks
obtained in C.B.T.
36 INDIAN LAW REPORTS ALLAHABAD SERIES

o. To ensure security, Application
number and Unique ID should be barcoded also.

VENUE SELECTION AND SEAT
ARRANGEMENT

a) Venues for C.B.T. shall be
finalized in consultation with U.P. JAL
NIGAM. It should be well connected to
railway station and bus stand by local
means of public transport. For easy
handling there should not be more than
1000 examinees in one centre. There
should
be
one
invigilator
over
30
candidates,
two
exam
coordinators,
sufficient waterman and guards required to
hold the examination in safe and secure
environment. Agency will provide list of
Official (in charge of conducting test,
venue booking, to & fro transportation of
material etc. for each centre venue).

b) Neat and clean secured place
with proper seating arrangement, light &
fan, fresh drinking water, well ventilated,
first aid box and other basic amenities.

c)
Safe
and
secure
place
adequately
guarded
for
keeping
the
examination papers and other related
material.

d) The seating plan be such that
no two candidates with same set of paper
and discipline sit side by side.

e) Seating plan will be displayed
outside the venue place only one hour
before the starting time of examination.

f) Copy of the booking agreement
with the centre should be submitted to U.P.
Jal Nigam in advance so that it may be
checked
beforehand
and
local
administrative authorities are informed in
advance.

ATTENDANCE SHEET:

a) Classroom wise photo, thumb
impression and signature attendance sheet
for all venues in duplicate.

b)
Attendance
sheet
should
indicate roll number, name and discipline,
against each candidate.

c) Biometric impression.

DESIGN AND DEVELOPMENT
OF QUESTION PAPER:

a) The agency will prepare
multiple choice objective type question
papers in bilingual language (English -
Hindi).

b) The question paper shall
comprise of concerned numerical and
logical reasoning questions (25%), general
knowledge (25%) and General Hindi
(50%).

c) Question paper for each
discipline should have a balanced mix and
match of easy (30%), average (50%) and
tough (20%) questions.

d) Each set of question paper to
have same questions, but randomized
question wise, should be ensured in one
shift.

PRE-EXAMINATION
STAGE
ACTIVITIES:-

a).
Online
display
of
advertisement,
instructions,
and other
information related to examination, from
time to time.

b). Online demo examination with
sample questions (mock test).

c).
Online
registration
with
facilities to upload scanned photograph,
thumb impression and signature in the
application form and uploading of scanned
documents
(such
as
proof
of
DOB
Education Caste Dependant of freedom
fighter/Ex-serviceman/Physically Handicap
certificate etc. as applicable to each
candidate)
as
annexure.
Candidate
Validation and screening at the time
registration, as per rules and requirements
specified.
10 All. Samrah Ahmad Vs. State of U.P. & Ors.
37

d). Online fee collection through
ATM cum Debit/Credit Card and Netbanking.

e). Off-line fee collection through
Bank Challan. (Challan form to be
downloaded).

f). After validation of payment
and final submission of application form,
unique ID to be generated as per
requirement.

g). Generation of Admit card
(with photo, signature, centre address and
other details), facility of downloading
printing
of
Admit
card,
Instructions
Acknowledgement Declaration form, if
required and dispatching through E-mail.

h).
Online
monitoring
and
generation of desired report.

i) Question bank development
and generation of different sets of question
paper in randomized order.

j) Payment reconciliation and
validation.

k) No change in application entry
to be allowed after the final submission of
application form.

1) Identification of centers on
various infrastructural, operational and
security parameters.

m)
Provisioning of
5
seats
helpdesk
in
Lucknow
for
resolving
candidate's queries. Helpdesk should have
Toll free, Tolled Number with email
support.

EXAMINATION
STAGE
ACTIVITIES:-

a) Conducting Branch disciplinespecific (R.G.C./ Stenographer), multiplechoice online examination in different cities
across the State.

b) At least 10% Buffer nodes to
be available at each center of examination
so that a candidate does not have any loss
of time, in case of any problem.

c) System generated random seat
arrangement such that no two candidates
side by side have same set of paper.

d) Manual attendance sheet with
photo, thumb impression and signature.

e) Randomized questions in each
set,
delivery
in
bilingual
language
(English/Hindi) for each discipline.

f) Secured data transmission
between exam centers and central server.
Provision of primary and secondary server
at each center.

g) Event record of question paper
loading at central server, encrypted paper
downloading at centre server, de-cryption
time, password entry time and data
transmission time from centre to main
central server, is to be provided city-wise
and center-wise.

h) The candidate can only login
15 min. before the scheduled time using the
registration and unique ID for Instructions.
But the actual set of question paper should
open and close strictly at scheduled time
only. The clock of the server installed at the
center should be in-sync with the central
server of the Agency.

i) Facility for navigation among
the questions.

j) Digital clock and photograph
of the candidate should be displayed at the
right corner of the display unit.

k) To address the queries of
candidates regarding system operation.

1) Examination proctoring.

POST-EXAMINATION
STAGE
ACTIVITIES:-

a) Preparing merit list category
wise, post wise in U.P. Jal Nigam. The
templates for the same would be provided
by UP Jal Nigam,

b) Other lists as per requirement
of the U.P. JAL NIGAM.

c) Agency will scrutinize the
application forms of the candidates who
38 INDIAN LAW REPORTS ALLAHABAD SERIES
qualify the C.B.T. and shortlisted for type
test post wise and category wise, with the
scanned certificate uploaded during the
registration by the candidate. U.P. JAL
NIGAM may authorize anyone to check the
system any time. However confidentiality is
to be maintained at all levels.

d)
Disclosure
of
any
record/marks/merit/status
before
the
declaration of final result will invite
cancellation of the Contract Agreement and
other administrative action as deemed fit
by the U.P. JAL NIGAM.

e) Answer key will be displayed
for 07 (seven) days after Test or as
instructed by UP Jal Nigam Objections
Queries
received
online
should
be
attended and remedial action to be taken.

f) Provision of e-call letter for the
next stage to candidates who qualify the
C.B.T, but the number of candidates called
should not exceed 10 times as per
instructions from UP Jal Nigam, the
vacancy in each category post on merit
basis. The above number may increase if,
several candidates secure same marks as
that of last shortlisted candidate, will also
be called for the type test.

g) Conducting interview (if any)
at the venue to be provided by the U. P.
JAL NIGAM at Lucknow only.

h) Subject Expert from reputed
college, should be invited, and form a part
of the panel constituted for conducting the
interview. The identity of the experts should
not be disclosed. All expenses such as
Remunerations, Boarding
& Lodging,
Transportation of Subject experts
to
Interview venue and other facilities at the
venue will be provided by the UP Jal
Nigam.

Proprietary Rights:
All the rights, title and interests in and to
the Agency's Application System, Services
Environment and any other material used
by Agency in the provision of the Services
shall exclusively belong to Agency or its
licensors ("Aptech Limited Proprietary
Material"). Any and all Intellectual
Property Rights with respect to the
Services
and
the
Aptech
Limited
Proprietary
Material
and
all
modifications,
improvements,
enhancements, or derivative works made
thereto, shall always belong to Agency or
its licensors and U.P. Jal Nigam shall not
be entitled to claim any rights therein. All
rights, title and interests in the U.P. Jal
Nigam Data shall always remain with UP
Jal Nigam. However, with prior written
permission of M.D. UP.