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17. That, as stated above, all the petitioner while filled up OMR sheets, they duly filled up first part of OMR sheets and there is no defects in the first para of OMR sheets at all.
21. That by perusal of the instructions given in OMR sheets it is very much clear that if there is any defect in first para of OMR sheet then candidature will be cancelled as per instructions no.2 of OMR sheet.
22. That in instruction nos. 6 and 12 of OMR sheets it is clear that items are only related with respect to the fact that if some mark is made on other part of OMR sheets, so it is not attracted to the petitioners.

Submissions on behalf of the petitioners:-

7. Learned counsel for the petitioners submits that OMR Sheet / Answer Sheet is in two parts. In the first part, if there is any error, then as per instructions, the Answer Sheet / OMR Sheet is not to be evaluated and the candidature will automatically be rejected. The second part of the OMR Sheet / Answer Sheet contains questions to be answered by a candidate. If there is no error in the first part of the OMR Sheet, but there is some minor mistake in marking answers to questions in the second part of the OMR Sheet then the respondent - U.P. Secondary Education Selection Board cannot say that entire answers given in the OMR Sheet shall not be evaluated at all. The stand taken by the learned standing counsel that OMR Sheet cannot be evaluated even in case of minor human errors, is contrary to the instructions of the respondent.

13. Thus, there arise two Questions in these writ petitions;

(a) whether the Rules, 1998 prohibits the Board to evaluate such OMR Answer sheets in which in Part-II the petitioners have inadvertently and unintentionally darkened answer circle of one or two questions of a subject other than the two subjects opted by them in Part-I of the OMR Answer sheet?

(b) Whether even on the basis of instruction nos. 6, 9 & 12 accompanying the OMR Answer sheet, the respondents can refuse to evaluate the Answer sheets of the petitioners?

15. Rule 12(3) of the Rules, 1998 mandates the Board to evaluate answer sheets through examiner to be appointed by the Board or through computer. Neither any material has been placed before me by learned counsels for the parties nor it has been argued by them that the instructions mentioned on the OMR Answer sheets are statutory or have statutory force. Even if it is assumed that the instructions as printed on the OMR Answer sheets have been lawfully framed by the Board and have statutory force yet in view of Rule 12(3) of the Rules, 1998, the Board cannot refuse to evaluate answer sheet of a candidate if there is no defect in Part-I of the OMR Answer sheet which relates to identity of candidate and subject opted etc. and the answer paper does not suffer from any major defect.