Allahabad High Court
Union Of India And 2 Others vs Dharam Veer Singh on 15 July, 2021
Author: Sunita Agarwal
Bench: Sunita Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 25675 of 2018 Petitioner :- Union Of India And 2 Others Respondent :- Dharam Veer Singh Counsel for Petitioner :- Dhananjay Awasthi Counsel for Respondent :- Awadh Behari Singh Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioners and Sri Awadh Behari Singh, learned Advocate appearing for the respondent.
The challenge is to the order of Central Administrative Tribunal, Allahabad Bench, Allahabad dated 19th September, 2018 whereby the original application filed by the respondent has been allowed with the following observations:-
4. The OMR sheet was produced in the Tribunal and the copy of same has been placed on record. The OMR sheet of applicant shows that in question No. 148, the applicant has marked two options in the given answer. Condition No. 10 of the instructions issued by respondents are very clear that 1/3rd of the allotted mark will be deducted for every wrong answer/multiple answer. This is the procedure which should have been followed by the respondents rather than cancelling the candidature of applicant.
5. In view of the facts and circumstances of the case, the order dated 8.7.2014 (Annexure No. 5) passed by respondents is set aside to the extent of disallowing the candidature of applicant for tempering with the OMR sheet. Respondents are directed to consider the candidature of applicant for appointment to Group 'D' post in accordance with rules and regulations within a period of one month from the date of receipt of this order. O.A. is accordingly allowed. No order as to costs.
Challenging the order impugned, the attention of the Court is invited to page no. '99-101' of the paper book wherein the instructions for filling up of OMR sheet have been given as under:-
9. Candidates are to answer questions from the multiple choice of answer A,B,C or D. Select the right answer to each question and darken the correct circle on the answer sheet. Once darkened the circle, changes are not permitted.
10. 1/3rd of the allotted marked will be deducted for every wrong answer/multiple answer.
A perusal of the OMR sheet at page no. '101' indicates that the respondent candidate had given two answers to question no. '148', thus, the options B and D had been circled by the candidate. In the said scenario, only option left to the petitioners was to cancel the said question i.e. not to allot any marks for the said answer and further to deduct 1/3rd mark for giving multiple answers, as per the Clause-'10' of the instructions noted above.
We may also note that the original record was also produced before the Tribunal and on perusal thereof, the Tribunal had noted condition no. '10' of the instructions and opined that it was not a case of tampering of the OMR sheet.
The opinion of the Tribunal to set aside the decision of the petitioners rejecting the candidature of the applicant/respondent on the ground of tempering with the OMR sheet, is found justified inasmuch as, there is no evidence of tempering of OMR sheet by the candidate. The multiple answers given by the candidate at the time of filling up of OMR sheet during the course of examination will not come within the meaning of 'tampering' as asserted by the Counsel for the petitioners. No infirmity can be found in the order of the Tribunal.
The writ petition is, accordingly, dismissed.
Order Date :- 15.7.2021 gp