Language Paper II

U.P. Higher Judicial Service (Main) Examination-2012
Paper-II
(Language)
Time  :  3 hours
Marks:  200
Notes:  (i)  All questions are to be attempted.
(ii)  The marks of each question are given in the margin.
1.    Write an essay in English on anyone of the following topics-             60
(a)    What electoral reforms in context of our country are desired.
(b)    Corruption is cancer that eventually destroys everything.
(c)    Alternative Energy Sources.
(d)    Fourth Pillar of democracy needs regulatory measures.
(e)    Environmental protection is a prime need of our country.
2.    Give précis of following passage in English in about 150 words and also give a suitable title-
60
One of the greatest lessons I have learnt in my life is to pay as much attention to the means of work as to its end.  He was a great man from whom I learnt it, and his own life was a practical demonstration of this great principle.  I have been always learing great lessons from that one principle, and it appears to me that all the secret of success is there; to pay as much attention to the means as to the end.
But whenever failure comes, if we analyse it critically, in ninety-nine per cent of cases we shall find that it was because we did not pay attention to the means.  Proper attention to the finishing, strengthening, of the means is what we need.  With the means all right, the end must come.  We forget that it is the cause that produces the effect; the effect cannot come by itself; and unless to causes are exact, proper, and powerful, the effect will not be produced.  Once the ideal is chosen and the means determined, we may almost let go the ideal, because we are sure it will be there, when the means are perfected.  When the cause is there, there is no more difficulty about the effect, the effect is bound to come.  If we take care of the cause, the effect will take care of itself.  The realization of the ideal is the effect.  the means are the cause: attention to the means, therefore, is the great secret of life.  We also read this in the Gita and learn that we have to work, constantly work with all our power; to put our whole mind in the work, whatever it be, that we are doing .  At the same time, we must not be attached.  That is to say, we must not be drawn away from the work by anything else; still, we must be able to quit the work whenever we like.  If we examine our own lives, we find that the greatest cause of sorrow is this; we take up something, and put our whole energy on it-perhaps it is a failure and yet we cannot give it up.  We know that it is hurting us, that any further clinging to it is simply bringing misery on us; still, we cannot tear ourselves away from it.  The bee came to sip the honey, but its feet stuck to the honey-pot and it could not get away.  Again and again, we are finding ourselves in that state.  That is the whole secret of existence.
3.    Translate the following passage into Hindi-                     40
The arbitrator is the final arbiter for the dispute between the parties and it is not open to challenge the award on the ground that the arbitrator has drawn his own conclusion or has failed to appreciate the facts.  In Sudarsan Trading Co. v. Govt. of Kerala it has been held by this Court that there is a distinction between disputes as to the jurisdiction of the arbitrator and the disputes as to in what way that jurisdiction should be exercised.  There may be a conflict as to the power of the arbitrator to grant a particular remedy.  One has to determine the distinction between an error within the jurisdiction and an error in excess of the jurisdiction.  Court cannot substitute its own evaluation of the conclusion of law or fact to come to the conclusion that the arbitrator had acted contrary to the bargain between the parties.  Whether a particular amount was liable to be paid is a decision within the competency of the arbitrator.  By purporting to construe the contract the court cannot take upon itself the burden of saying that this was contrary to the contract and as such beyond jurisdiction.  If on a view taken of a contract, the decision of the arbitrator on certain amounts awarded is a possible view though perhaps not the only correct view, the award cannot be examined by the court.  Where the reasons have been given by the arbitrator in making the award the court cannot examine the reasonableness of the reasons.  If the parties have selected their own forum, the deciding forum must be conceded the power of appraisement of evidence.  The arbitrator is the sole judge of the quality as well as the quantity of evidence and it will not be for the court to take upon itself the task of being a judge on the evidence before the arbitrator.