Court No. - 36
Case :- WRIT - A No. - 15951 of 2021 Petitioner :- Vinay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Singh Bishen Counsel for Respondent :- C.S.C.,Anil Kumar Singh
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
This Court on 26.11.2021 passed the following order:-
"According to the petitioner, he had appeared in T.G.T. examination pursuant to advertisement no.1 of 2021.According to final key answer published by the respondents, the petitioner would secure 350.804 marks which is more than the cut off marks in OBC category.
Sri A.K. Singh, learned counsel for the petitioner prays for and is granted ten days time to seek instructions in the matter and apprise the Court as to why the result of the petitioner has not been declared."
Put up as fresh on 17.12.2021."
Sri Rohit Singh, holding brief of Sri Anil Kumar Singh, learned counsel for the respondents, on instructions, which is taken on record, submits that in the OMR Sheet the petitioner had to answer only in two subjects, namely, History and Civics, whereas besides the said two subjects he has also answered the question of Economics subject, due to which OMR Sheet of the petitioner could not be evaluated.
It is contended as per Clause-2 of the instructions, condition nos. 6, 9 & 12 of the advertisement has not been followed by the petitioner, due to which his OMR Sheet of the petitioner was not evaluated.
This Court in Writ-A No.19486 of 2019 vide order dated 07.12.2019 has held that if the instructions contained in OMR Sheet has not been followed strictly, the Commission can refuse to evaluate the copy, the said judgement of this Court has been affirmed by a Division Bench of this Court in Special Appeal Defective No.494 of 2020 vide order dated 08.04.2021 As the petitioner had to answer the questions of only two subject, namely, History and Civics, whereas he has also answered the question of Economics subject, on account of which OMR Sheet of the petitioner was not checked for the fault of the petitioner, as such the relief prayed for by the petitioner in the present writ petition cannot be granted.
The writ petition lacks merit. It is accordingly, dismissed.
Order Date :- 17.12.2021 NS