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2020 Supreme(Pat) 481

SANJAY KAROL, S. KUMAR
Ajeet Kumar Shrivastva – Appellant
Versus
Bihar School Examination Board through its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Raushan, Mr. Abhinav Srivastava, Mr. Kumar Kaushik.
For the Respondents: Mr. Lalit Kishore, Mr. Ashutosh Ranjan Pandey.

JUDGMENT :

SANJAY KAROL, J.

1. These appeals have been preferred against the judgment dated 19.07.2019 passed by a learned Single Judge of this Court in CWJC No. 1504 of 2018, titled as Ashoke Krantti and Others vs. State of Bihar and Others and its analogous cases.

2. Bihar Elementary Teachers Eligibility Test 2017 (hereinafter referred to as the “BETET) was conducted pursuant to Advertisement No. 42 dated 6th April, 2017. The communique issued by the Bihar School Examination Board, Patna vide Notification No. 63/2007 dated 13.07.2017 clearly stipulated two conditions: (i) in Column-4, that no candidate is authorised/permitted to use pen, eraser or whitener on the OMR Sheet; (ii) in Column-5, that if the OMR Sheets are not properly filled up, the same would be rejected by the computer resulting in invalidation of their result for which the candidate alone would be responsible.

3. The writ applicants before us are those candidates who had, in fact, used a whitener over their OMR Sheets, in attempting the questions during the examination which they undertook for the test in question. Consequently, the writ applicants’ results were held to be invalidated.

4. Aggrieved thereof, writ applic

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