Allowed

Amit Kumar v. State of U.P. and Another

Allahabad HC3 Nov 2022WRIA/15700/2022

Case brief

AI extract

What is this about?

Single-judge High Court allowed the petitioner's writ petition against the rejection of his representation for a selection-board exam. The court directed the Board to award marks based on the subjects the petitioner actually attempted after examining the original OMR sheet.

What did the court decide?

Impugned order set aside; direction to award marks for History and Civics within two weeks.

Amit Kumar Vs State of U.P. and Another — Education and Admissions | Allahabad HC (2022)

¶1

Court No. - 36

¶2

Case :- WRIT - A No. - 15700 of 2022

¶3

Petitioner :- Amit Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Naveen Kumar Tripathi Counsel for Respondent :- C.S.C.,Krishna Kumar Chand

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

Heard Shri Naveen Kumar Tripathi, learned counsel for the petitioner; Shri Krishna Kumar Chand, learned counsel for the Commission and; learned Standing Counsel.

¶6

Present petition has been filed to challenge the order dated 17.8.2022 passed by respondent no.2/Secretary, U.P. Secondary Education Services Selection Board, Prayagraj. By that order, the said respondent has rejected the petitioner's representation for the reason disclosed in that order being the petitioner marked answer response to question no. 23 of subject Economics though he had opted to attempt the question papers for the subjects History and Civics only.

¶7

The above factual position was disputed by the petitioner on the strength of the candidate copy of the OMR sheet. It's original has been annexed as Annexure no.9 to the writ petition. Prima facie , the submission of learned counsel for the petitioner appeared to be correct from perusal of candidate copy of the OMR sheet.

¶8

Accordingly, by earlier order dated 29.9.2022, the Commission was required to produce in sealed cover the original OMR sheet filled up and submitted by the candidate. The original OMR sheet was produced by Shri Krishna Kumar Chand today, in the sealed cover. It was opened. Perusal of the same reveals, the petitioner had not marked any answer response to question no. 23 of the subject Economics. There

¶9

does appear a mark between bubbles for answer choice "D" for question nos. 9 and 10 of the subject Economics but that is apparently not a mark made to mark any specific answer response. Even otherwise that mark does not appear to have been marked by the petitioner inasmuch as the candidate copy of the same (carbon copy), does not have any such mark. The candidate copy is absolutely clean in that regard.

¶10

In view of the above, a reasonable benefit of doubt exists and it must clearly go to the petitioner. He is not shown to have incorrectly marked any answer response for any subject other than History and Civics. He was therefore entitled to award of marks on the strength of answer responses given by him for the subjects History and Civics. The Commission has erred in not awarding such marks.

¶11

Accordingly, the writ petition is allowed . The impugned order dated 17.8.2022 passed by respondent no.2 is set aside and a direction is issued to respondent no.2 to award proper marks to the petitioner on the strength of answer responses marked by him in the subjects History and Civics. Such exercise may be completely within a period of two weeks from today. All appropriate actions and consequential relief may follow.

¶12

The original OMR sheet has been returned to Shri Krishna Kumar Chand.

¶13

Order Date :- 3.11.2022 Prakhar

¶14

Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.11.04 10:25:34 IST Reason: Location: High Court of Judicature at Allahabad

Amit Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Amit Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dilip Kumar Prajapati and Another Vs State of U.P. and 4 Others

Kamlesh Agrawal Vs State of U.P. and 5 Others

C/M Saraswati Inter College Vs State of U.P. and 2 Others

Raj Pal Singh Chauhan Vs State of U.P. and 3 Others

C/M of Khalsa Inter College and Another Vs State of U.P. and 3 Others

Yogendra Singh Vs State of U.P. and 5 Others