Allahabad High Court
Ratnesh Pati Tripathi vs State Of U.P. And 3 Others on 11 April, 2022
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 17392 of 2021 Petitioner :- Ratnesh Pati Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Counsel for Respondent :- C.S.C.,Kushmondeya Shahi Hon'ble Rajiv Joshi,J.
Heard Sri Arun Kumar, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Kushmondeya Shahi, learned counsel for the respondents-3 & 4 and perused the record.
Present writ petition under Article 226 of the Constitution has been filed for following reliefs:
"(i) issue a writ, rule or direction in the nature of mandamus directing the respondents to declare the result of the petitioner with Registration No. UP 00210040417664 and Roll No. 0910027806 of Trained Graduate Teachers Recruitment Examination-2021, under the EWS category.
(ii) issue a writ, rule or direction in the nature of mandamus directing the respondents to recommend the candidature of the petitioner for appointment as a Trained Graduate Teacher (Physical Education) under the EWS category, according to his merit. "
It is submitted by learned counsel for the petitioner that the petitioner appeared in Trained Graduate Teachers Recruitment Examination-2021, under the EWS category and his result was not declared. It is next submitted by learned counsel for the petitioner that in fourth column of OMR answer-sheet, the candidate has bubbled column 'D' but in the original OMR answer-sheet, the column 'C' was also bubbled.
Relevant portion of the order dated 18.01.2022 passed by this Court is quoted as under:
"It is contended by learned counsel for the petitioner that result for Trained Graduate Teacher Examination - 2021 under EWS category of the petitioner is not being declared.
Sri K.Shahi, learned counsel appearing for respondents No.3 and 4 submits that he has instructions in the matter according to which, in the fourth column, the candidate has bubbled both 'C' and 'D', and also while bubbling the figure in the second column, which is the roll number, he has bubbled digit '8' twice though in the OMR answer sheet, he has written '8' once. He submits that due to the fact that the number '8' has been bubbled twice by the candidate, his copy cannot be scanned and examined by the computer and as such the result has not been declared.
Opposing the argument of learned counsel for the respondent, Sri Arun Kumar, Advocate, invited attention of the Court to page 64 of the writ petition wherein the candidate copy has been attached. From perusal of the same it transpires that only alphabet 'D' has been bubbled by the candidate in the fourth column and also there is no double bubbling of the number '8' in the column of roll number.
The matter is serious as the Court finds at this stage that there cannot be difference between candidate's and original copy, which is with the examining body and therefore requires consideration.
Let counter affidavit be filed by respondents No.3 and 4 within two weeks from today. The authority shall also place before the Court the original copy of the OMR sheet. "
Sri Kushmondeya Shahi, learned counsel for the respondents-3 & 4 submits that since petitioner has represented the matter before respondent no.3-Secretary, Uttar Pradesh Secondary Education Services Selection Board, Prayagraj vide representation dated 28.10.2021, a direction may be issued to respondent-3 to examine the matter and pass appropriate order.
Learned counsel for the petitioner submits that he has no objection in case his representation as well as claim be considered by respondent-3.
Under these circumstances, present writ petition is disposed of with direction to respondent no.3-Secretary, Uttar Pradesh Secondary Education Services Selection Board, Prayagraj to consider and decide petitioner's representation dated 28.10.2021 in accordance with law by reasoned and speaking order, as expeditiously as possible preferably within a period of one month from the date of production of certified copy of this order.
Order Date :- 11.4.2022 Noman