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Seema Maurya vs State Of U.P. Thru. Secy. Basic ...

High Court Of Judicature at Allahabad|30 August, 2019

JUDGMENT / ORDER

By means of the present petition, the petitioner has prayed for the following reliefs:
1. issue a writ or direction in the nature of mandamus commanding the opposite party no.2 to re-evaluate the answer sheet of the petitioner bearing Roll No.35382210794 and also provide the number of correct answer to the petitioner.
2. issue a writ or direction in the nature of mandamus commanding the opposite parties particularly opposite party no.2 to declare the result of the petitioner of Assistant Teacher Recruitment Examination, 2018.
3. Issue a writ or direction in the nature of mandamus commanding to the opposite parities particularly opposite party no.2 to provide the scanned copy of the Answer Sheet of question No.46 to 60 to the petitioner of Assistant Teacher Recruitment Examination 2018.
Learned counsel for the petitioner has submitted that on 27.05.2018, the petitioner appeared in the written examination of 'Assistant Teacher' and she was allotted the booklet of 'Series-B'. Learned counsel for the petitioner has submitted that after deposition of required fee of Rs.2000/- by way of demand draft, when the scanned copy of the answer sheet of the petitioner has not been provided, he approached this Court by filing a writ petition No.34728 (S/S) of 2018. The said writ petition was disposed of vide order dated 04.12.2018 with the direction to provide the scanned copy of the answer sheet to the petitioner within a week.
Learned counsel for the petitioner has also submitted that the State Government has also been pleased to issue an order for re-evaluation of the answer sheet of all the candidates who appeared in the Assistant Teacher Recruitment Examination 2018 as there were various irregularities in providing the numbers to the candidates. Learned counsel for the petitioner has further submitted that for the same question, the marks have been given to the other candidates but the petitioner has not been provided the marks for the same. It has also been submitted that the petitioner has also rightly answered the question no.105 & 120 but the numbers for the same has also not been provided. Learned counsel for the petitioner also submitted that the scanned copy of the answer sheet of question no.46 to 60 has not been provided to the petitioner, therefore, he has preferred an application dated 09.07.2019 with the prayer that she may be given the complete scanned copy of the answer sheet.
After arguing at length, learned counsel for the petitioner does not want to press this petition on merit but he has has made a limited prayer that a direction be issued to the respondent no.2 to decide his application dated 13.07.2019, contained at Annexure 12 to the petition.
Per contra, learned Standing Counsel for the State has vehemently opposed the submissions made by the learned counsel for the petitioner and submitted that the answers-sheet of all the candidates including the petitioner has been re-evaluated and the petitioner has been declared unsuccessful. It has also been submitted that since the result has not been challenged by the petitioner, therefore, the prayer made in the writ petition cannot be granted. The petitioner has failed to make out a case for issuance of mandamus to the opposite parties to again re-evaluate the answer-sheet.
Since the petitioner has not pressed the petition on merit and has made a limited prayer for deciding the application dated 13.07.2019 and the learned Standing Counsel has no objection to this effect, this writ petition is disposed of with direction to the opposite party no.2 (Secretary, Examination Regulatory Authority, U.P., 23, Allenganj, Prayagraj, U.P.) to decide the application of the petitioner dated 13.07.2019 in accordance with law, which is pending before him, within a period of two months from the date of receipt of a certified copy of this order along with the copy of the representation. This court has not entered into the merits of the case.
With the above observations, this writ petition is disposed of.
Order Date :- 30.8.2019 VNP/-
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Title

Seema Maurya vs State Of U.P. Thru. Secy. Basic ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 August, 2019
Judges
  • Chandra Dhari Singh