Case :- WRIT - A No. - 5002 of 2020
Petitioner :- Narendra Pratab Singh Yadav And 27 Others
Respondent :- State of U.P. and Another Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and learned Standing Counsel for respondents no.1 and 2.
The petitioners by means of present writ petition have prayed for following reliefs:
A. Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to reevaluate the petitioner's OMR Answer Sheet and to declare the petitioners as successful candidate for U.P. Teacher Eligibility Tes-2019 (TET-2019) according to law/their category.
B. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent No.2 to decide the representation/application dated 10.02.2020 (Annexure No.8) within certain stipulated time as fixed by the Hon'ble Court."
The petitioners pursuant to advertisement issued by respondent no.2 on 31.10.2019 for Teacher Eligibility Test (TET)-2019, have applied for selection for Primary Teacher (Class I to V) and Upper Primary Teacher (VI to VIII).
The petitioners did not blacken the language option in OMR Answer Sheet (First Session) due to which their copies have not been evaluated.
Learned counsel for the petitioners submits that it was inadvertent mistake and therefore, their copies may be evaluated.
This Court on 23.11.2020 passed the following order:-
"Although a counter affidavit has been filed in the present writ petition, the Court notes that the principal argument which is advanced in the course of oral submissions is that although all the petitioners have been denied benefit on account of a failure to blacken the language option in the OMR Sheet, the petitioner No.2 who had committed a similar mistake has in fact been evaluated and marks awarded.
Let the respondents file a further affidavit explaining the above and whether such a course or action was permissible at all in light of the instructions which had been issued.
Pursuant to the order of this Court dated 23.11.2020, personal affidavit on behalf of respondent no.2 has been filed. Paragraphs 4 & 5 of the personal affidavit reads as under:-
"4. That Rakesh Kumar Gupta Son of Sri Ayodhya Prasad Gupta in U.P. Teachers Eligibility Test Examination-2019 in pursuance of Registration No.1926078812, Roll No.631102000529 for Primary Level Examination allotted, in the OMR of TET-2019 of Primary Level Sri Gupta has not black the language selection column due to this reason the result of Sri Gupta was declared invalid language. Copy of OMR Answer Sheet First Session Roll No.631102000529 is being herewith and marked as Annexure No.1 to this affidavit.
5. That Rakesh Kumar Gupta Son of Sri Ayodhya Prasad Gupta in U.P. Teachers Eligibility Test Examination-2019 in pursuance of Registration No.1926078812, Roll No.631102000529 for High Primary Level Examination allotted, in the OMR answer sheet have black all the column circles according to which, according to all correct answers Sri Gupta has secured 76 marks which is less 82 passing marks for other Backward Classes due to this reason is not qualified. Copy of the OMR Answer Sheet Second Session Roll No.631102000529 is being filed herewith and marked as Annexure No.CA-2 to this affidavit."
Perusal of averments contained in Paragraph 4 of the personal affidavit shows that the candidature of petitioner no.2 with respect to Primary Teacher has been rejected on the same ground on which the petitioner OMR sheet was not evaluated.
Learned Standing Counsel submits that the controversy is covered by the judgement of this Court in Writ A No. 445 of 2020 (Sukhvir Singh Vs. State of U.P. and another).
After considering the aforesaid submission, it is evident that the petitioners have failed to blacken the language option in OMR Answer Sheet (First Session). The controversy is concluded by this Court in Sukhvir Singh (supra), therefore, this Court does not find any merit in this matter and thus, the same is dismissed accordingly.
Order Date :- 28.9.2021 SS