Allahabad HC : No Relief to Candidate for Incorrect Filling of OMR Sheet in UPTET 2013
Teacher Recruitment News
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. I
n
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
