Kamal Kaushal Tiwari vs State Of U.P. And Others
2011 Latest Caselaw 3174 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Reserved
 
Civil Misc. Writ Petition No. 38060 of 2011
 

 
Kamal Kaushal Tiwari..................................................Petitioner
 

 

 
Vs
 

 
State of U.P. and others..............................................Respondents
 
_______
 

 

 

 

 
Hon'ble Rajes Kumar, J.

Heard learned counsel for the petitioner and the learned Standing Counsel.

The petitioner is working as a Constable. He appeared in SI Rankers' Examination, 2010. His one of the answersheet could not be examined and Zero mark has been awarded on the ground that the petitioner has not filled up the OMR sheet.

The contention of the petitioner is that admittedly the OMR sheet has not been filled up by the petitioner, but the Invigilator has filled up the question paper book series in the answersheet and, therefore, the object of filling up the answersheet is achieved. Thus, the petitioner's answersheet should be examined.

Learned Standing Counsel submitted that in the answersheet itself, it is mentioned that the column is to be filled up by the applicant and in case if it is not filled up by the applicant, the answersheet may not be evaluated and Zero mark will be awarded. He submitted that the condition is mandatory inasmuch as in the answersheet itself the consequence of non-filling up of the question paper book series in the OMR sheet is given. He submitted that the learned Single Judge of this Court in Writ Petition No.37074 of 2011 has held that the condition is mandatory and in case of non-filling up of the OMR sheet by the applicant, the consequence is provided in the condition. Therefore, even if the Invigilator has filled up the question paper book series, the obligation of the applicant cannot be waived inasmuch as in the condition itself, the consequence of non-filling of the column is provided.

I have considered rival submissions.

This Court, in Writ Petition 37074 of 2011, Dhananjay Singh and others vs. State of U.P. and others, has held that the term and condition of the examination is mandatory in character and in case if the applicant failed to fill up the question paper book series in OMR sheet and failed to put his signature, the consequences are specifically provided that the same could not be evaluated and the candidate would be awarded Zero Mark.

I see no reason to take a different view as taken in the aforesaid Writ Petition. Following the view taken in the aforesaid Writ Petition, I do not find any merit in the present writ petition. The writ petition fails and is, accordingly, dismissed.

28.7.2011

bgs/-