Himachal Pradesh High Court
Kangra vs State Of Himachal Pradesh on 8 September, 2022
Bench: Sabina, Sushil Kukreja
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 8th DAY OF SEPTEMBER, 2022
.
BEFORE
HON'BLE MS. JUSTICE SABINA
&
HON'BLE MR. JUSTICE SUSHIL KUKREJA
CIVIL WRIT PETITION No. 4708 of 2022
Between:-
ISHANT BHATIA SON OF SHRI
BALBIR SINGH, AGED ABOUT 21
YEARS, RESIDENT OF VILLAGE
GHURKARI, TEHSIL AND DISTRICT
KANGRA, H.P.
....PETITIONER
(BY MR. VINAY SHARMA
ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH ITS PRINCIPAL
SECRETARY (HOME)
GOVERNMENT OF HIMACHAL
PRADESH.
2. DIRECTOR GENERAL OF POLICE
TO THE GOVERNMENT OF
HIMACHAL PRADESH AT SHIMLA.
3. SUPERINTENDENT OF POLICE
KANGRA, DISTRICT KANGRA, H.P.
....RESPONDENTS
(BY MR. ASHWANI SHARMA,
ADDITIONAL ADVOCATE GENERAL).
This petition coming on for order this day, Hon'ble Ms.
Justice Sabina, passed the following:
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2
ORDER
The petitioner has filed this petition under Article 226 of the .
Constitution of India seeking the following reliefs:-
(i) Issue a writ of certiorari to quash Annexure P-4 i.e. the result of disqualified candidates in the written examination.
(ii) Issue a writ of mandamus directing the respondent authorities to check the OMR sheet of the petitioner as per the "A" series and declare the result of the petitioner.
(iii) Issue a writ of mandamus directing the respondent authorities to consider the petitioner for the post of Police Constable (Driver) against General OBC category.
2. Learned counsel for the petitioner has submitted that vide Notification dated 10.02.2021, respondents had advertised the filling up of 1334 posts of Police Constable in the State. The written test for the said posts was held on 27.03.2022 at 81 examination centres. The result was declared by the respondents on 05.04.2022. FIR was registered at Police Station Gagal, District Kangra, H.P., bearing No. 41 of 2022, under Sections 420 and 120-B IPC and in consequence thereto the examination was cancelled due to the allegations that the paper had been leaked. The petitioner has secured 60 marks in the driver category out of 80 marks. The petitioner belongs to OBC category and had applied against the post of Police Constable Driver (OBC). Thereafter, fresh examination was held on 03.07.2022. The ::: Downloaded on - 09/09/2022 20:03:21 :::CIS 3 petitioner appeared in the written examination and was issued booklet, vide serial No. 07362 of "A" series. The petitioner had, although, .
mentioned in the OMR answer sheet that the booklet series was "A", however, due to inadvertence petitioner failed to darken the column to show that the booklet series was "A". The petitioner has answered 52 questions which are correct out of 80 questions. The petitioner is confident that he will rank at No.1. in the merit list, as he has secured 52 marks out of 80 marks. The mistake committed by the petitioner was due to inadvertence and the same was liable to be rectified.
3. Learned Additional Advocate General on the other hand has opposed the petition and has submitted that the petitioner was required to fill in all the columns of the OMR answer sheet. Since the petitioner has failed to darken the column reflecting that the booklet series was "A", the answer sheet of the petitioner had not been rightly checked.
4. The copy of the OMR answer sheet No. 123493 issued to the petitioner has been placed on record by the learned counsel for the petitioner as Annexure P-6, after obtaining the same under Right to Information Act. Perusal of the same would reveals that the petitioner has duly mentioned the booklet series as "A", but he was also required to darken the circle depicting that the booklet series was "A". It appears that due to inadvertence the relevant column could not be darkened by the petitioner, but the fact remains that it has been duly ::: Downloaded on - 09/09/2022 20:03:21 :::CIS 4 written in the OMR sheet, that the booklet series was "A". One post of Police Constable Driver (OBC) was ordered to be kept vacant vide .
order dated 21.07.2022.
5. In the above factual background, we are of the opinion that the answer sheet submitted by the petitioner was liable to be checked and the case of the petitioner was liable to be considered for the post of Police Constable Driver (OBC). The answer sheet/OMR sheet of the petitioner could not be left unchecked on hyper technical grounds, especially, in the facts of the case that the petitioner has mentioned that the booklet series was "A" at two places in the OMR sheet.
6. Accordingly, the respondents are directed to check the OMR sheet of the petitioner as per "A" series and declare his result within one week from the date of receipt of copy of this order.
Petition stands disposed of, accordingly.
Pending applications, if any, shall also stand disposed of.
(Sabina) Judge (Sushil Kukreja) Judge September 08, 2022 (Subhash) ::: Downloaded on - 09/09/2022 20:03:21 :::CIS