Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 1187 of 2020 Appellant :- Chairman Madhyamic Shiksha Sewa Chayan Board And Another Respondent :- Jhallar And Another Counsel for Appellant :- Kushmondeya Shahi Counsel for Respondent :- C.S.C.,Shiv Naresh
Hon'ble Munishwar Nath Bhandari,J. Hon'ble Rohit Ranjan Agarwal,J.
Order on Exemption Application
The application seeking exemption from filing certified copies of the order of the High Court is allowed.
The defect stands cured.
Let a regular number be given to this appeal.
Order on Memo of Appeal
By this appeal, a challenge is made to the judgment dated 26.08.2020 whereby, writ petition preferred by petitioner/non- appellant was allowed.
It is a case where petitioner/non-appellant appeared in P.G.T. Examination, 2016 held on 01.02.2019 in the subject Hindi. The petitioner/ non-appellant failed to indicate subject code in the OMR sheet due to which his copy could not be checked. The result as a consequence of it, could not be declared. He preferred a writ petition to cure the defect in the OMR sheet.
The writ petition has been allowed by learned Single Judge holding it to be a human error. The appeal has been preferred to challenge the order as the controversy has already been settled by this Court in case of Ramesh Chandra and others vs. State of U.P. and others, Special Appeal No. 247 of 2020, decided by the judgment dated 09.06.2020.
The facts referred therein are similar to what is involved in this case. In the light of aforesaid, we find reason to cause interference to the order and follow the judgment of Division Bench on the same issue.
For selection to the post of Trained Graduate Teacher or Post Graduate Teachers, the seriousness needs to be attached in case, subject code is not marked in the OMR sheet. Such errors cannot be ignored to extend the benefit to defaulting candidates. It is more so when now the process involve technology to complete it expeditiously. The acceptance of the prayer of the petitioner/ non-appellant would have delayed the selection. It is more so when with declaration of result, the process for appointment has been carried out and would be effected if the plea of the petitioner/ non-appellant is accepted. It is not that petitioner/ non-appellant is not educated enough to read the instruction. It is when the selection was for the post of P.G.T.
In the light of the discussion made above, we find reasons to cause interference in the order of learned Single Judge and thereby the judgment dated 26.08.2020 is set aside.
The appeal is allowed with aforesaid.
Order Date :- 13.1.2021 V.S.Singh