Punjab-Haryana High Court
Jashanpreet Kaur vs State Council Of Educational Research ... on 11 September, 2018
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CWP No.23004 of 2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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No.23004
CWP No. 23004 of 2018
Date of Decision:11.09.2018
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Jashanpreet Kaur
. . . . . Petitioner
Vs.
State Council of Educational Research and Training and others
. . . . . Respondents
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CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: - Mr.A.P. Kaushal, Advocate,
for the petitioner.
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RAKESH KUMAR JAIN, J.
The petitioner had appeared in the PSTET 2017 on 25.02.2018. She was allotted Question Booklet-B bearing No.240334. It is alleged that while attempting question No.148, she had unfortunately marked option 'B' as the answer instead of 'A'. Later on, she realized that she had committed a mistake in answering as option 'B' instead of 'A' of question No.148. She used whitener on the option 'B' in order to darken the appropriate oval of question No.148. The petitioner has come to this Court with a prayer that direction may be issued to the respondents to consider her answer to question No.148 as option 'A' which has wrongly been rejected on account of using whitener on option 'B' of question No.148.
Learned counsel for the petitioner has submitted that as per instructions contained in the Booklet, there is no restriction to use whitener. It is also submitted that the petitioner is short of only 1 mark and if she is given 1 mark for question No.148 as option 'A' which is the correct answer then she would qualify the test.
1 of 2 ::: Downloaded on - 02-10-2018 19:06:08 ::: CWP No.23004 of 2018 -2- I have heard learned counsel for the petitioner and perused the available record with his able assistance.
Although it is not provided anywhere in the instructions that whitener cannot be used but it is categorically provided therein that 'BLUE/BLACK Ball Point Pen' is to be used to darken the oval and 'marking more than one response shall be treated as wrong answer'. The petitioner, initially darkened the oval pertaining to option 'B' and thereafter, changed it to option 'A' by using whitener on option 'B'. The very fact that it is not provided anywhere that the petitioner can change the answer by using whitener and the fact that it is categorically provided in the instructions that "marking more than one response shall be treated as wrong response" would be sufficient to hold that whitener cannot be used for the purpose of changing the answer in the OMR sheet.
Thus, I am of the considered opinion that the prayer made by the petitioner is without any merit and hence the writ petition is hereby dismissed though without any order as to costs.
(RAKESH KUMAR JAIN)
11.09.2018 JUDGE
Vivek
Whether speaking /reasoned : Yes/No
Whether Reportable : Yes/No
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