SHANTHAMURTHY Vs. STATE OF KARNATAKA BY ITS SECRETARY

JUDGEMENT

(1.) IN these writ petitions; petitioners are aggrieved by the action of the respondents in not evaluating the answer papers of the Common Entrance Test examination taken by them on 27.11.2011.

(2.) PETITIONERS are working as Assistant Teachers. They have completed the required training and are also possessing B.A. Degree. The Karnataka State Open University had conducted Common Entrance Test examination for selecting the candidates for the purpose of pursuing B.Ed. course. PETITIONERS being duly qualified appeared for the examination. Their results are not announced on the ground that they failed to answer all the questions in the said examination. In these circumstances, petitioners have approached this Court challenging the action of the respondent-University.

(3.) HAVING heard the learned Counsel for the parties and on consideration of the materials on record. I find that the decision taken by the respondent-University not to evaluate the answer papers of the candidates who have not answered all the questions is not supported by any rule. As is apparent from the brochure pertaining to B.Ed. programme for the year 2011-12, no such condition is incorporated in the instructions contained in the brochure stating that the candidate concerned has to answer all the questions, failing which his answer papers would not be evaluated. Even in the model OMR sheet which is enclosed to the brochure, instructions contained do not suggest that the candidate shall have to answer all the questions otherwise his/her answer paper would not be evaluated. In the absence of the same, there was absolutely no justification for the University to incorporate such condition in the OMR sheet while issuing the same in the examination hall. Noticing this anomaly, the respondents have rightly come up before this Court submitting that they are prepared to evaluate the answer papers of the petitioners and assign them appropriate ranking.