IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Bhanu Priya - Petitioner
Versus
The State of Jharkhand & Ors. - Respondents
W.P.(C) No. 6711 of 2017
Decided On : 12-03-2018
OMR Sheet - Examination - Right to Information Act, 2005 - [Right to Information Act, 2005] - [Section 4] - [Section 8] - The court dismissed the writ petition seeking direction to declare the petitioner as a successful candidate in an examination, as the petitioner's OMR sheet was not filled up as per the instructions, and the marks obtained in certain subjects could not be added to the total marks due to non-shadowing of the subject column. The court emphasized the importance of candidates adhering to examination instructions and held that no direction can be issued in favor of a candidate who makes a fault due to carelessness.
Fact of the Case:
The petitioner sought direction to declare her as a successful candidate in an examination conducted by the Jharkhand Academic Council, as she scored higher marks than the last successful candidate in her category. However, her OMR sheet was not filled up as per the instructions, and the marks obtained in certain subjects could not be added to the total marks due to non-shadowing of the subject column.
Finding of the Court:
The court dismissed the writ petition, emphasizing the importance of candidates adhering to examination instructions and held that no direction can be issued in favor of a candidate who makes a fault due to carelessness.
Issues: The main issue was whether the petitioner should be declared as a successful candidate in the examination despite not filling up the OMR sheet as per the instructions.
Ratio Decidendi: The court held that it is the prime duty of a candidate to read the instructions provided at different stages carefully and to ensure that the OMR sheet is filled up as per the instructions. The court emphasized that no direction can be issued in favor of a candidate who makes a fault due to carelessness.
Final Decision: The court found no merit in the writ petition and dismissed it.
1. The present writ petition has been filed for issuance of direction upon the respondents to declare the petitioner as a successful candidate in the JTET (PT), 2016 (hereinafter referred to as ‘the said examination’), conducted by the Jharkhand Academic Council (in short JAC), as she has got 78 marks, which is higher than that of the last successful candidate.
2. The factual background of the case, as stated in the writ petition, is that the JAC published Advertisement No. 47/2016 dated 31.08.2016 for conducting the said examination and thereby inviting applications from the candidates who were interested and eligible for the same. Pursuant to the said advertisement, the petitioner applied and appeared in the said examination held on 20.11.2016. The respondent-JAC declared the result of the said examination, however, the name of the petitioner did not find place in the list of the successful candidates. Thereafter, the petitioner filed an application under the Right to Information Act, 2005 before the respondent-JAC for showing her OMR sheet. Vide letter dated 17.06.2017, she was allowed to inspect her OMR sheet on 04.07.2017. On inspection of the OMR Sheet, it was found that due to inadvertence, the petitioner had not filled up the subject column, though she had solved the questions of Maths and Science subjects scoring 27 marks. The following marks were obtained by the petitioner in the said examination:
Sl. No.
Subject
Marks obtained
01
Hindi
8
02
English
5
03
Child Development& Pedagogy
15
04
Maths & Science
27
05
Nagpuri
26
Total
81
3. Learned counsel for the petitioner submits that the total marks obtained by the petitioner is 81 whereas the last selected candidate of the petitioner’s category i.e. B.C category for the Ranchi District has got 78 marks. It is further submitted that the name of the petitioner could not be included in the list of the successful candidates due to non-addition of the marks of Maths and Science subjects in the total marks, though she scored 27 marks in the said subjects. It is also submitted that the mistake of non-shadowing the subject column is a human error, which can be rectified and the petitioner may be declared as a successful in the said examination after adding the marks of Maths and Science subjects.
4. Per contra, learned counsel appearing on behalf of the respondent-JAC, submits that the OMR sheets of the candidates were to be evaluated through the OMR scanning machine and as such in the admit cards itself, it was instructed that the incomplete/incorrect filling or shadowing of the bubbles on the OMR sheets will be the sole responsibility of the candidates. It is further submitted that the petitioner appeared in the said examination, but in her OMR sheet, she had not filled up or shadowed the Column No.10 i.e. Subject Column and due to the said reason, upon computerized checking of her OMR sheet, she got total 54 marks for the shadowed answers. It is also submitted that at every stage of the examination and also in the OMR sheet, it had been clarified to the candidates that the OMR sheet will be checked through computerised system and not manually and therefore the candidates have to shadow their choices properly. In case of improper shadowing or leaving the column blank, the same will not be read by the OMR scanning machine. Thus, the present writ petition is liable to be dismissed.
5. Having heard learned counsel for the parties and on going through the relevant documents available on record, it appears that the marks obtained by the petitioner in Maths and Science subjects could not be added in her total marks, as she had not filled up/shadowed Column No.10 i.e. the Subject Column in her OMR sheet. The
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