Petitioner sought directions to inspect his OMR sheet and answer key for a teacher recruitment exam. The Court held that the petitioner could enforce these rights under the RTI Act, 2005. As an alternative remedy exists, the writ petition was dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No.17116/2018
Samay Singh Meena S/o Shri Suraj Mal Meena, Aged About 28 Years, By Caste Meena, Resident Of Dholakheda, Tehsil Mahuwa, District Dausa (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Buddhi Prakash Sharma
HON'BLE MR. JUSTICE ALOK SHARMA
Order
06/12/2018
Heard the counsel for the petitioner and perused the
petition.
A direction has been sought that the petitioner be
allowed to pursue his OMR answer sheet as also the final answer
key relating to the Examination, 2013 for appointment to the post
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[CW-17116/2018]
of Teacher Grade-III Level I and be informed of the cut-off marks
for appointment on the aforesaid post.
Admittedly the examination in issue was held on
11.10.2013. As to when the result was declared, the petitioner is
not in a position to inform this Court nor has he stated anything in this petition about the initial date of declaration of result. His case
instead is that the revised result for the Teacher Grade-III Level I examination, 2013 was declared on 18.8.2017 where his marks were purportedly decreased. It has been submitted that hence an appropriate direction be issued to the respondents to allow the petitioner to inspect his OMR sheet and final answer key relating to the examination in issue and also be informed the cut off marks
of the said examination.
Evidently the petitioner seeks to enforce his right to
information not to agitate any contravention of his legal and fundamental rights in this petition. I am therefore of the considered view that he is free to enforce his right to information with regard to his OMR sheet/ final answer key at the Teacher
Grade-III Level I Examination 2013 and to be informed of the final
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[CW-17116/2018]
cut off marks for the examination, under the Right to Information
Act, 2005 (hereafter ‘the Act of 2005’).
An alternative remedy under the Act of 2005 thus being
available to the petitioner, I find no warrant to interference in the
petition. It is accordingly dismissed.
(ALOK SHARMA), J
Himanshu/4
1 issue framed by the court
Whether the petitioner is entitled to file a writ petition to inspect his OMR sheet and answer key or must approach the RTI Act authority instead.
1 provisions across 1 enactments
Samay Singh Meena
The State Of Rajasthan through its Principal Secretary, Rural Development and Panchayati Raj Department
The Secretary Cum Commissioner, Rural Development & Panchayati Raj Department, Government Of Rajasthan
The Chief Executive Officer Cum Additional Examination Controller, Zila Parishad Bikaner
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
