Writ petition by a UTET candidate seeking relief for marking the wrong booklet series. Court held that violation of explicit instruction regarding series code bars relief, relying on Supreme Court precedent regarding strict adherence to competitive exam secrecy and instructions.
Petitioner's writ petition was dismissed.
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Court No. - 18 Case :- WRIT - A No. - 1090 of 2019 Petitioner :- Narayan Dutt Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the parties.
It is contented by learned counsel for the petitioner that the petitioner has appeared in U.P.T.E.T. examination 2018 held on 18.11.2018. In para 8 of the writ petition it is contented that petitioner was given 'C' series booklet papers. The petitioner attempted all the questions in the booklet series but filling the series as 'C' in OMR answer sheet, unfortunately got missed.
The law in this connection is well settled by the Supreme Court in the case of Karnataka Public Service Commission and Ors. Vs. B. M. Vijaya Shankar and Ors. reported at AIR 1992 SC 952 . The Supreme Court was pleased to hold that the Competitive examinations are required to be conducted by the Commission for public service in strict secrecy to get the best brain. It was held that the instructions contained in the answersheet should be complied with in its letter and spirit. The operative portion of the aforesaid judgement is quoted below:-
"Competitive examinations are required to be conducted by the Commission for public service in strict secrecy to get the best brain. Public interest requires no compromise on it. Any violation of it should be visited strictly. Absence of any expectation of hearing in matters which do not affect any interest and call for immediate action, such as the present one, where it would have delayed declaration of list of other candidates which would have been more unfair and unjust are rare but well recognised exceptions to the rule of natural justice. It cannot be equated with where a student is found copying in the examination or an inference arises against him for copying due to similarity in answers of number of other candidates or he is charged with misconduct or misbehavior. Direction not to write roll number was clear and explicit. It was printed on the first page of every answer book. Once it was violated the issue of bonafide and honest mistake did not arise. Its consequences, even, if not provided did not make any difference in law. The action could not be characterised as arbitrary. It was not denial of equal opportunity. The reverse may be true."
In view of the law laid down by this Court as well as by the Supreme Court, no relief could be granted to the petitioner so far as the present writ petition is concerned.
Writ petition is dismissed.
Order Date :- 22.1.2019/M.A.Ansari
3 issues framed by the court
Whether a petitioner who filled the wrong booklet series number on the answer sheet can be granted relief despite complying with other instructions.
Whether sealing the answer sheet due to the mistake in booklet series constitutes arbitrary action or denial of equal opportunity.
Whether the violation of the specific instruction to fill the series code constitutes a bona fide mistake warranting relief.
Colour shows how this judgement treated each authority
Karnataka Public Service Commission and Ors. Vs. B. M. Vijaya Shankar and Ors.Relied on¶5
Karnataka Public Service Commission and Ors. Vs. B. M. Vijaya Shankar and Ors.
Narayan Dutt Shukla
State Of U.P.
2 Others
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
