THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
WRIT PETITION NO.28122 OF 2023
ORDER
In this Writ Petition, the petitioners are seeking a direction to the respondents to consider and evaluate the answer sheets of the petitioners ignoring their small aberrations while darkening the circles pertaining to hall ticket numbers and question booklet numbers by the petitioners. The grievance of the petitioners is that the respondents have denied evaluation of their answer sheets only on such small mistakes though in similar circumstances such mistakes are accepted pursuant to the directions of this Court in W.A.No.1525 of 2019 and batch dt.03.06.2019 in respect of Group-II examination conducted by respondent No.2.
2. Learned counsel for the petitioners has pointed out that while darkening the circles pertaining to hall ticket and booklet numbers only, the petitioners have committed small mistakes and due to the said reason, the OMR sheets of the petitioners have not been considered.
W.P.No.28122 of 2023 2
3. Sri M. Ramgopal Rao, learned Standing Counsel for respondent No.2 has pointed out that the instructions in the Notification were very clear that only such circles which are relevant have to be darkened and darkening of more than one circle would disentitle consideration of such candidates. He also placed reliance upon the judgment of the Hon'ble Supreme court in the case of The State of Tamil Nadu and others Vs. G.Hemalathaa and another 1, wherein the Hon'ble Supreme Court has held that the instructions issued by the Commission are mandatory having force of law and they have to be strictly complied with. He also pointed out that in similar case in Group-I examination, this Court has also held that the instructions given by the Service Commission are mandatory to be followed both by the Commission as well as by the candidates.
4. After hearing both sides and on a perusal of the material on record, this Court finds that the petitioners have not followed the instructions of the Service Commission, but have darkened more than one circle in hall ticket and booklet numbers making themselves ineligible for consideration. This Court has already held in W.P.No.15811 of 2023 dt.23.09.2023 that the instructions issued by the 1 Civil Appeal No.6669 of 2019 dt.28.08.2019 W.P.No.28122 of 2023 3 Commission have to be followed strictly by both the Commission as well as the candidates.
5. In view of the same, there is no merit in the Writ Petition filed by the petitioners and it is accordingly dismissed. No order as to costs.
6. Pending miscellaneous petitions, if any, in this Writ Petition shall also stand dismissed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 10.10.2023 Svv