SANJAY KUMAR MEDHI
Gangaram Sapkota S/o Shri Kamal Sapkota – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. Heard Shri U.K. Nair, learned Senior Counsel for the petitioner. Also heard Shri T.J. Mahanta, learned Senior Counsel for the APSC who had also produced the instructions including the original OMR sheets of the petitioner.
2. Shri S.R. Baruah, the learned State Counsel is also present.
3. The petitioner was an aspirant for the post of Assistant Engineer (Civil) under the PWD which was notified vide an advertisement dated 15.03.2023 for filling up 244 nos. of posts. The examination had consisted of an OMR based Screening Test followed by a viva-voce. It is the case of the petitioner that in the written examination which was OMR based, he had done reasonably well and there were also certain questions which according to the petitioner had incorrect answers in the multiple choice. It is also the case of the petitioner that there were 6 questions which had more than one correct answer and for one question the answer was incorrect. As per the assessment of the petitioner, marks which should have been given to him is 136 and the cut off marks being 120 as per the petitioner, he has not been dealt fairly and transparently.
4. Shri Nair, the learned Senior Co
APSC and Another vs. Izaz Yusuf Ahmed and Another
State of Tamil Nadu and Others vs. G. Hemalathaa and Another
Strict compliance with examination instructions is mandatory, and deviations cannot be excused to preserve the integrity of public recruitment processes.
It cannot be expected that an enquiry be made by the Examining Body as to whose OMR sheet it is when no roll number is written thereon. Such enquiries if burdened on the examination body would entail....
The court established that candidates must strictly adhere to the instructions for filling OMR sheets, as deviations, even if minor, can result in disqualification, thereby maintaining the integrity ....
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