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2024 Supreme(Jhk) 370

IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK, J.
Mayank Kumar Singh – Appellant
Versus
The State of Jharkhand – Respondent
W.P.(S) No. 2909 of 2024
Decided on : 19-06-2024

Advocates:
Advocate Appeared:
For the Appellant :Mr. Amritansh Vats, Mr. A. Choubey, Mr. Kumar Abhishek, Advocate
For the Respondent:Mr. Sudhanshu Kr. Singh, Mr. Sanjay Piprawall, Mr. Prince Kumar, Advocate

IMPORTANT POINT
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 of the examination process.

Headnote:

[OMR SHEET] - [EVALUATION OF ANSWER SHEET] - [Jharkhand Combined Civil Services Examination Rules, 2021; Article 309 of the Constitution of India] - [The court emphasized the mandatory nature of instructions provided to candidates regarding the filling of OMR sheets, asserting that any deviation from these instructions, even if trivial, could lead to disqualification. The court interpreted the rules as having the force of law, thereby rejecting the petitioner's plea for re-evaluation based on a technical error in filling out the OMR sheet. The court's decision was influenced by the need to maintain the integrity and fairness of the examination process.]

Fact of the Case:

The petitioner applied for the Jharkhand Combined Civil Services Competitive Examination, 2023, and performed well in the preliminary examination. However, his OMR answer sheet was rejected due to a mistake in darkening his roll number. Despite his claims of having scored above the cutoff, the Jharkhand Public Service Commission (JPSC) refused to evaluate his answer sheet, citing the technical error.

Finding of the Court:

The court found that the petitioner had indeed committed a mistake in filling out the OMR sheet, which led to its rejection by the electronic scanning machine. The court upheld the mandatory nature of the instructions provided to candidates, stating that such errors could not be overlooked.

Issues: ['Whether the error committed by the petitioner is trivial in nature which needs to be ignored?', 'Whether rejection of candidature of petitioner was on hyper technical ground?', 'Whether sympathy has any role to play in such type of cases in which the rejection has been done on the mandatory requirement of the terms and conditions mentioned in the admit card?', 'Whether process of electronic scanning by machine can be equated with that of manual evaluation of the OMR sheet?']

Ratio Decidendi: The court held that strict adherence to the instructions provided for filling OMR sheets is essential, as these instructions have the force of law. The court emphasized that allowing leniency for technical errors would undermine the integrity of the examination process and could lead to chaos in future evaluations.

Final Decision: The writ petition was dismissed, affirming the JPSC's decision to reject the petitioner's OMR sheet based on the technical error in filling it out.

JUDGMENT :

S.N. PATHAK, J.

Heard the learned counsel for the parties at length.

Prayer

2. The petitioner has approached this Court with a direction upon the respondents, in particular respondent-JPSC, to evaluate his Optical Mark Recognition (OMR) answer sheet of General Studies (Paper-I), which relates to appointment on Class-II posts pursuant to Advertisement No. 01/2025 (Jharkhand Combined Civil Services Competitive Examination, 2023), so that he could appear in the Mains examination which is scheduled to be held from 22.06.2024 onwards, as the petitioner has obtained more marks than the cut off under the unreserved category as per his own calculation based on revised answer key uploaded by the Jharkhand Public Service Commission.

The Facts

3. Briefly stated, Advertisement No. 01/2024 was floated by the Jharkhand Public Service Commission inviting applications for Jharkhand Combined Civil Services Competitive Examination, 2023 from eligible candidates for appointment on Class-II posts. The petitioner being eligible in all respects applied for such appointment. Having found the application form of the petitioner to be in order, admit card was issued to appear on 17.03.2024 for preliminary examination for Paper-I and II i.e. General Studies. The petitioner did well and the petitioner was expecting that he might be declared successful in the preliminary examination. On 23.03.2024, the JPSC has published the model answer key and thereafter revised answer on 13.04.2024 and 16.04.2024 of both the papers. From verifying the revised answer key, petitioner came to know that he had obtained 292 marks. The final result of preliminary test was published on 22.04.2024, but name of the petitioner did not find place, though as per his calculation he has obtained more marks than the cut off. Being aggrieved, petitioner rushed to the office of JPSC and requested them to evaluate his OMR sheet properly, as he is apprehending that his OMR sheet might have been rejected on technical grounds. Upon inquiry, petitioner has been informed that an inadvertent mistake has been committed by him while bubbling the last digit of his roll number, resulting into rejection of OMR sheet. The petitioner further submitted a representation on 29.04.2024 requesting therein to evaluate his OMR sheet, as in earlier similar facts and circumstances in the 7th to 10th Civil Services Combined Examination, 2021, the OMR sheet of some of the candidates having the similar issue of bubbling, had been considered and they were given opportunity to appear in the mains examination. However, the same has yielded no fruitful result and the petitioner has been denied similar benefits. Being aggrieved, petitioner is constrained to knock the door of this Court. Arguments advanced by learned counsel for the Petitioner.

4. Mr. Amritansh Vats, learned counsel representing the petitioner vociferously argues that the case of the petitioner for re-evaluation of his OMR answer script has not been considered by the respondent-JPSC only on hyper technical ground. Learned counsel submits that in the OMR sheet of Paper-I, the petitioner mentioned his Roll No. 23186028 in the space provided under column correctly. However he mistakably darkened wrong bubble/circle in the column of Roll Number in the OMR sheet, i.e. instead of circle ‘8’, he darkened circle ‘0’. After realizing his mistake, in relation to paper-I, he corrected his mistake by darkening the correct digit ‘8’ in the column of the OMR sheet. Learned counsel submits that the petitioner is a meritorious candidate obtaining equal marks to the topper of the examination, is being debarred from appearing in the Mains Examination due to this technical and human error, which is impermissible in the eyes of law. He submits that only on technical ground, the non-evaluation of the answer sheet of the petitioner is arbitrary, unjust and action of the respondent-JPSC is fit to be quashed and set aside. Learned counsel refers the case of similarly si

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