Madhya Pradesh High Court
Narendra Kumar Patel vs The Professional Examination Bord ... on 23 July, 2020
Equivalent citations: AIRONLINE 2020 MP 949
Author: Vijay Kumar Shukla
Bench: Ajay Kumar Mittal, Vijay Kumar Shukla
HIGH COURT OF MADHYA PRADESH : JABALPUR
(Division Bench)
W.P. No.9613/2020
Narendra Kumar Patel
-Versus-
The Professional Examination Board, State of M.P. and others
Shri Sanjay Kumar Patel, Advocate for the petitioner.
Shri Amit Singh, Advocate for the respondent No.1 on advance
copy.
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CORAM :
Hon'ble Shri Justice Ajay Kumar Mittal, Chief Justice.
Hon'ble Shri Justice Vijay Kumar Shukla, Judge.
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ORDER
(Jabalpur, dtd.23.7.2020) Per : Vijay Kumar Shukla, J.-
Heard through video conferencing.
2. The present petition has been filed under Article 226 of the Constitution of India seeking a direction to the respondents to allow the petitioner to correct his examination form by mentioning Locometer Disability (LD) to Muscular Dystrophy (MD); to consider his case for the purpose of appointment on the basis of the amended candidature; and to provide him appointment on the said post.
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3. The facts of the case succinctly stated are, that the petitioner participated in the High School Teacher Eligibility Test, 2018 conducted by the Professional Examination Board, Bhopal for the post of Guest Teacher in the subject of Hindi. He filled-up the examination form on 12-9-2018 in the reserved category of disabled candidates. The petitioner participated in the said examination which was held on 02-02-2019. Thereafter, the result was declared and a provisional select list was also issued. It is stated that the petitioner was not selected and later he came to know that because of a mistake crept in at the time of filling-up of the candidature form, he could not qualify in the said examination. He found that in the application form it was mentioned "LD" instead of "MD" as regards his candidature. Hence, the instant writ petition has been filed seeking directions to the respondents for correction in the examination form.
4. The learned counsel for the petitioner could not point out any provision of law or condition of the Examination Rules which permits correction in the examination form at this stage. Clause 2.26 framed by the Professional Examination Board, Bhopal provides that the Online application form filled-up by the candidates can be amended on visiting the M.P. Online site through an authorized kiosk. The said benefit is to be availed only during the 3 period of filling-up of the application forms and after expiry of the said period, no amendment can be allowed.
5. On a perusal of the High School Teacher Eligibility Test, 2018 - Recruitment Rules published by the Professional Examination Board, Bhopal the last date of submission of the application forms was 25-9-2018 and the last date for correction therein was 30-9-2018. Thus, after 30-9-2018, it was not permissible for a candidate to correct entries in the examination form. The petitioner has also not mentioned in the writ petition that he has made any effort for getting the amendment done in his examination form within the stipulated time.
6. It is not in dispute that the examination form was duly filled-in by the petitioner himself. Since there is no provision permitting a candidate to correct the application form after declaration of the result and publication of the select list, we do not perceive any merit in the present writ petition.
7. Accordingly, the writ petition being sans merit deserves to and is hereby dismissed. There shall be no order as to costs.
(Ajay Kumar Mittal) (Vijay Kumar Shukla)
Chief Justice Judge
ac.
Digitally signed by AJAY KUMAR CHATURVEDI
Date: 2020.07.27 13:41:50 +05'30'
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