Madhya Pradesh High Court
Manvendra Sharma vs The State Of Madhya Pradesh Thr on 4 August, 2015
1
W.P.No.5010/2015 (Manvendra Sharma v. State of M.P. & Ors.)
04/08/2015
Shri Dharmendra Rishishwar and Ms. Satya
Rishishwar, Advocates for the petitioner.
Smt. Sangeeta Pachauri, Government Advocate for
the respondent No.1/State.
Heard.
The petitioner, an orthopedically handicapped person, submitted his candidature for the examination conducted by the M.P.P.S.C. It is contended that result of preliminary examination has been declared and cut-off marks for OH category are 216. It is contended that as per petitioner's own assessment, the petitioner has secured 238 marks. He applied for certified copy of the answer sheet under the Right to Information Act, 2005. It is contended that since the last date of submission of candidature for main examination is 23 rd August, 2015, he be permitted to participate in the same by way of interim measure.
Prayer is opposed by the other side.
In the opinion of this Court, there is no prima-facie material to show that petitioner has secured 238 marks. It is his own assessment. The petitioner can make out a 2 W.P.No.5010/2015 (Manvendra Sharma v. State of M.P. & Ors.) case only by providing proof. Presently, it is merely on vague and unspecified allegations. On the said basis, no direction can be issued. The Division Bench of this Court in 2014 (3) MPLJ 147 (Dheeraj Pandey and another v. State of M.P. & Ors.) opined that unless and until prima- facie case is made out to show that answer-sheets were not valued properly, interference cannot be made. It cannot be made merely on the basis of vague and unspecified allegations. The candidate should obtain copy under the RTI Act to demonstrate that valuation was not done properly. In the present case, the petitioner has failed to discharge this burden.
At this stage, no interference is required. Liberty is reserved to the petitioner to obtain copy and substantiate his case at appropriate stage (if required). Interference at this stage is declined.
Petition is dismissed.
(SUJOY PAUL)
(ra) Judge