IMPORTANT POINT
The correct filling of OMR sheets and adherence to instructions provided in the examination booklet are crucial for maintaining the fairness of the selection process.

JUDGMENT :

1. Heard Sri Seemant Singh, learned Advocate, S/Sri Sudeep Dwivedi, Sanjeev Kumar Yadav, Gautam Baghel, Shivendra Rajwal, Rohit Pandey and Ms. Taniya Pandey, learned Advocates for petitioners and S/Sri Ashok Khare, Senior Advocate assisted by Sri Siddharth Khare for applicants in application for impleadment and Ms. Archana Singh, learned Advocates for respondent- Basic Education Board and L.M. Singh, Ravi Prakash Srivastava, Ms. Shruti Malviya, learned Standing Counsel for State.

2. The petitioners before this Court in above referred bunch of writ petitions have participated in recruitment process on posts of Assistant Teachers commenced in pursuance of Government Order dated 19.02.2021.

3. It is the case of all petitioners that they have participated in the examination held on 17.02.2021 and result thereof was declared on 15.11.2021, wherein all petitioners have qualified.

4. It is further case of petitioners that on basis of certain Government Orders, the Regulatory Authority published a new fresh/amended result on 06.09.2022 after earlier result was cancelled. All the petitioners were not found in fresh/subsequent select list and their result status was shown as “Invalid Subject Shift -1”. The petitioners have challenged the fresh result dated 06.09.2022 by way of filing above bunch of writ petitions.

5. It is further case of petitioners that fresh result was issued in pursuance to Government Orders dated 08.06.2022 and 30.08.2022, however, at the time of filing of writ petitions, these Government Orders were not available. It is further case of petitioners that aforesaid Government Orders were filed later on by respondent by way of filing a counter affidavit. For reference, the aforesaid Government Orders are reproduced hereinafter :-

It is contended by learned counsel for the petitioner that pursuant to an advertisement for the post of Assistant Tenchers Junior Aided Examination Issued by Examination Regulatory Authority, U.P., Prayngraj, petitioner eligible applied for being considered for appointment. According to the petitioner, as per the carbon copy of OMR Sheet of the Petitioner, he would secure 101 marks in General Category, whereas the cut off marks for the General Category is 97 marks, accordingly, it is submitted that the petitioner would secure more marks than the cut of marks. It is submitted that the petitioner has been wrongly shown as ‘failed’ in the qualifying examination. Learned Standing Counsel may seek instructions in the matter.

HINDI IMAGE

6. Learned counsel for petitioners have argued at length. They submitted that initially, when first result was issued, no defect in their respective OMR sheets was found i.e. the computer system has read the bubbles filled by respective petitioners and proceeded further to read the answers marked in respective OMR sheets and their result was declared.

7. Learned counsel further submitted that no reason was assigned, why subsequently same computer system has pointed out the error of subject shift. Some of the OMR sheets were placed on record in order to appreciate above submission.

8. Per contra, learned counsel for respondent submitted that there were specific important instructions published in the question booklet itself as how to fill the bubbles. The scanned copy of important instructions of a specimen copy is pasted hereinbelow:-

9. A further instruction along with specimen OMR is also pasted hereinafter:-

10. Learned counsel for respondent further submitted that petitioners have not correctly filled the bubbles mentioned below the part 2 i.e. subject attempted, wherein there are bubbles in front of Sanskrit, Hindi, English, Social Studies, Science/Math etc. The petitioners have to completely fill up bubbles in front of single subject to indicate that they have attempted question from serial No. 51 to 155 of said subject only. The first 1 to 50 questions are for General knowledge i.e. part 1, mandatory for each candidate. Correct and incorrect methods for darki