Rajasthan High Court - Jaipur
Mamta vs Board Of Secondary Edu And Ors on 26 September, 2011
Author: Alok Sharma
Bench: Alok Sharma
S.B. Civil Writ Petition No. 13556/2011 Mamta Vs. Board of Secondary Education Rajasthan, Ajmer and others Date of Order: 26.9.2011 HON'BLE MR. JUSTICE ALOK SHARMA Mr. Rajesh Sharma for the petitioner
This petition has been filed with the prayer that the respondents be directed to re-conduct the Rajasthan Teachers Eligibility Test-2011 (for short, the RTET) for the petitioner or in the alternative, to award bonus marks to the petitioner.
The case of the petitioner is that she appeared as Scheduled caste (women) candidate in the RTET-2011 examination held on 31st July, 2011.
Counsel for the petitioner submitted that in the examination, OMR seat and question papers of different serial numbers were provided to the petitioner and on the Additional Examiner finding that the petitioner's OMR seat and question papers were different, he took away both the OMR seat and the question paper from the petitioner and the same were returned to her after due correction after an interval of 30 minutes. It is submitted that the petitioner sought extra time to write RTET exam in view of having lost 30 minutes for no fault of her own. Her grievance is that she was wrongly denied extra time to finish the RTET examination.
I have considered the submissions of the learned counsel and perused the writ petition. In the facts of the case, I am of the view that the reliefs prayed for by the petitioner are not within the scope of power under Article 226 of the Constitution of India. The questions raised in the petition are not the legal issues but will entail adjudication of factual dispute, which this Court would loath to address in the present petition. However, the petitioner would be free to avail any remedy she may have in law.
The petition being meritless is dismissed as such.
The stay application also stands dismissed.
(Alok Sharma ), J.
thanvi/