Court No. - 18
Case :- WRIT - A No. - 2592 of 2019 Petitioner :- Sajjan Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Kripa Shanker Pandey Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Vide order dated 18.2.2019 learned Standing Counsel was directed to seek instructions in the matter.
Today when the matter was taken up, instructions provided by Secretary, Examination Regulatory Authority, U.P. Prayagraj was placed before the Court, the same is taken on record.
It is contented in the instructions that certain circles were not marked in the OMR sheet by the petitioner and marks were rightly awarded to him. The scanned copy of the OMR sheet placed by learned Standing Counsel was perused by the Court as well by the learned counsel for the petitioner. It is found that the mistake was committed by the petitioner while filing the OMR sheet. This fact has also contained in para 9 of the writ petition.
A Division Bench of this Court in Special Appeal No. 4 of 2019 (Mamta Devi Vs. State of U.P. and other) decided on 11.1.2019 had already taken a view that non filling or colouring of the circles under the head "Language-II attempted" is a serious mistake if committed by any of the candidates taking the examination.
The Division Bench has also noted down earlier judgement given by another Division Bench in Special Appeal No. 90 of 2018 (Jai Karan Singh and 52 others Vs. State of U.P. and 4 others) decided on 25.4.2018. The observations as contained in the aforesaid special appeal is quoted below-
"The error committed by the candidates cannot be said to be minor in nature. It is the registered Number, Roll Number that determines the identity of the candidates. The candidates who appeared in the examination were mature students and were to be appointed as Assistant Teachers in institution. They should have read the instructions that was issued time and again and should have correctly filled the entries relating to Roll Number, Registration Number, question booklet series and Language attempted. The entries were, however inaccurately filled as a result of which the scanner has not been able to process the result ".
The law in this connection is well settled by the Supreme Court in the case of Karnataka Public Service Commission and Ors. Vs. B. M. Vijaya Shankar and Ors. reported at AIR 1992 SC 952. The Supreme Court was pleased to hold that the Competitive examinations are required to be conducted by the Commission for public service in strict secrecy to get the best brain. It was held that the instructions contained in the answer- sheet should be complied with in its letter and spirit. The operative portion of the aforesaid judgement is quoted below:-
"Competitive examinations are required to be conducted by the Commission for public service in strict secrecy to get the best brain. Public interest requires no compromise on it. Any violation of it should be visited strictly. Absence of any expectation of hearing in matters which do not affect any interest and call for immediate action, such as the present one, where it would have delayed declaration of list of other candidates which would have been more unfair and unjust are rare but well recognised exceptions to the rule of natural justice. It cannot be equated with where a student is found copying in the examination or an inference arises against him for copying due to similarity in answers of number of other candidates or he is charged with misconduct or misbehavior. Direction not to write roll number was clear and explicit. It was printed on the first page of every answer book. Once it was violated the issue of bonafide and honest mistake did not arise. Its consequences, even, if not provided did not make any difference in law. The action could not be characterised as arbitrary. It was not denial of equal opportunity. The reverse may be true."
In view of the law laid down by this Court as well as by the Supreme Court, no relief could be granted to the petitioner so far as the present writ petition is concerned.
Writ petition is dismissed.
Order Date :- 25.2.2019 M.A.Ansari