AJAY KUMAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Applying for the post of Constable (Crew) in the Water Wing of BSF, the petitioner indicated that he was seeking the benefit of reservations for members of the Scheduled Castes and was found eligible to compete and was issued the admit card requiring him to take the written examination to be held on December 06, 2015. The number of candidates being large, aid of technology was taken, in that, the written examination was an objective type paper requiring the candidates to mark the answers in an OMR answer sheet by darkening the applicable circles for the correct answer. The OMR sheet had likewise to be darkened to record the name, roll number and date of birth of the candidate. The petitioner filled up the OMR sheet but forgot to darken one of the block to record the date of birth. But this did not cause any administrative inconvenience to tag the answer sheet and connect the same to the petitioner; apparent from the fact that the optical reader read the answer sheet and assigned the marks to the petitioner.

(2.) The result of written examination was declared by the respondents and cut off marks for the post of Constable (Crew) in SC category was 45. The answer key of question papers was also published by the respondents.

(3.) The name of petitioner was not featuring in the list of successful candidates issued by the respondents. The petitioner matched his answer sheet with the answer key provided by the respondents and to his utter surprise found that though he would have obtained 66 marks his name was not in the list of successful candidates.