Court No. - 6
Case :- WRIT - A No. - 9229 of 2019 Petitioner :- Saurabh Mishra Respondent :- State of U.P. and Another Counsel for Petitioner :- Seemant Singh,Shivendu Ojha Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The present writ petition has been filed alleging that the petitioner had appeared in the Assistant Teacher Recruitment Examination, 2018 and, in the said examination, he has been awarded 66 marks.
The contention of counsel for the petitioner is that the answer sheet as obtained by the petitioner reveals that the petitioner has not been awarded the marks for Question No. 22 of the Booklet Series ‘B’ (WAE-2018) which is as under:
“Q.22) 'मैंने कहा होगा’ - वाक्य किकस प्रकार का वाक्य है?”
The answer given by the petitioner to the said question is : सन्देहवाचक
Counsel for the petitioner argues that in the answer key of the Series ‘B’, as issued by the respondents, finds the following answers to be correct on the said question : 'सन्देहवाचक वाक्य/ सरल वाक्य/ साधारण वाक्य/ संदेहबोधक वाक्य/ अकिनश्चय वाचक/ संकिदग्ध भूतकाल।'
He, thus, argues that even in terms of the answer key, the answer given by the petitioner was correct and has not been awarded the marks for the said question, thus, depriving the petitioner of selection is an arbitrary manner.
A perusal of the answer key, as extracted above, clearly demonstrates that the answer given by the petitioner is correct.
In view of there being an apparent error in the marking of the answer sheet, the writ petition is disposed off with liberty to the petitioner to file an appropriate application before the respondent no. 2 who shall look into the matter and recheck of the answer sheet of the petitioner and pass requisite orders, in consequence thereto, the said exercise shall be carried out by the respondent no. 2 positively within a period of two months of the petitioner approaching the respondent no. 2 alongwith copy of this order.
The petition is disposed off in terms of the said direction.
Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.
Order Date :- 22.9.2021 Puspendra
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