Kadari Saidulu vs The State Of Telangana
2023 Latest Caselaw 3040 Tel

      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

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

Civil Appeal No.6669 of 2019 dt.28.08.2019 W.P.No.28122 of 2023

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