Allahabad HC : No Relief to Candidate for Incorrect Filling of OMR Sheet in UPTET 2013

Allahabad HC : No Relief to Candidate for Incorrect Filling of OMR Sheet in UPTET 2013

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Candidate ne OMR Sheet Mein Question Booklet Number Nahin Bhara, Aur Uska Copy Check nahin Huee, Result Ruk Gaya

Uske Baad candidate ne court ka darwaja khatkhataya, Court ne Koee Rahat / Relief Nahin Diya.
Yachee ko Court ne Kaha ki Vhe Ajaad Hain Kisee Sahee  Manch / Forum Par Apnee Baat Rakhne Ke Liye.



HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. - 5
Case :- MISC. SINGLE No. - 8096 of 2013
Petitioner :- Mohd. Rafeeq Ansari
Respondent :- State Of U.P.,Thru. Secretary, Basic Education & Anr.
Counsel for Petitioner :- Katyayan Mishra,Anuj Pandey
Counsel for Respondent :- C.S.C.

Hon'ble Ritu Raj Awasthi,J.
Notice on behalf of respondent no. 1 has been accepted by learned Chief Standing Counsel.
For the order proposed to be passed, there is no need to issue notice to respondent no. 2, hence notice to respondent no. 2 is dispensed with.
Heard learned counsel for the parties.
The writ petition has been filed seeking suitable order or direction for declaration of result of the petitioner for Teacher Eligibility Test (T.E.T.) Examination, 2013.
Learned counsel for the petitioner submits that the petitioner had applied for T.E.T. Examination and had filled up the form. He was allotted Roll No. 3930100063. In the form he had clearly mentioned in the Language Column 'Urdu', however, while appearing in the examination he had failed to fill up the columns of language as well as booklet series which was given on the right side of OMR Sheet. The result of T.E.T. Examination, 2013 has been declared on 14.08.2013, however, the result of the petitioner has not been declared.
It is submitted that under similar facts and circumstances this Court vide order dated 25.09.2013 passed in Writ Petition No. 6339 (M/S) of 2013 has directed the authorities to declare the result in case the petitioner has failed to fill up the language column in the OMR Sheet.
Learned Additional Chief Standing Counsel on the other hand, submitted that the case of the petitioner is not similar to the petitioner of Writ Petition No. 6339 (M/S) of 2013 as the petitioner had not mentioned booklet series number in the OMR Sheet in addition to not mentioning of language in the language column.
It is submitted that the examination booklet contained different series having different sets of questions and unless the booklet series is specifically mentioned in the OMR Sheet, the same cannot be evaluated.
I have considered the submission made by parties' counsel.
It is the case of the petitioner that he had not filled up the OMR Sheet mentioning the language and booklet series number in the columns provided on the OMR Sheet.
In the case of Raisa Begum (Writ Petition No. 6339 (M/S) of 2013), the petitioner although had mentioned the language as 'Urdu' in the form submitted by her, however, she had not filled up the language column in the OMR Sheet. The Court finding it to be a bonafide human error had issued directions to the authorities to declare her result treating her language to be Urdu as mentioned by her in the form.�
In the present case, the petitioner was required to mention the booklet series number in the OMR Sheet in addition to giving information regarding language etc.
Since in the said examination there were different series of booklets provided to the candidates and the said booklets of each series contained different sets of questions as such unless a candidate specifically mentions the booklet series number clearly and properly, his/her OMR Sheet cannot be evaluated.
In these circumstances, I am of the considered view that the case of the petitioner is not similar to the case of Raisa Begum (supra) on which the learned counsel for the petitioner has placed reliance.
As such no direction as prayed by petitioner can be issued.
The writ petition being devoid of merit is hereby dismissed.
However, petitioner is at liberty to raise his grievance before any appropriate forum in case he has any right under the relevant rules-regulations and Government Orders etc.
Order Date :- 11.12.2013
IrfanUddin

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2982165