CENTRAL BOARD OF SECONDERY EDUCATION Vs. MANISHA SURANA

JUDGEMENT

(1.) Admit. Two Letter Patent Appeals bearing Nos. 194/96 and 201/96. have been preferred against the judgment dated 2.8.1996 of the learned Single Judge in the Civil Writ Petition No. 2545/96 titled Manisha Surana Vs. Central Board of Secondary Education and Another. LPA. 194/96 has been preferred by the Central Board of Secondary Education (hereinafter referred to as the "Board')'. while LPA. 201/96 has been preferred by the Manipal Academy of Higher Education (hereinafter referred to as the 'Manipal Academy"). This common judgment would dispose of both the appeals,

(2.) Respondent No.l. Manisha Surana had appeared for the Under Graduate Entrance Test (UGET) concluded lor a seal in the Medical and Dental Colleges Unfortunaley Manisha Surana omitted to fill in the test booklet code in her answer sheet, as a result. of which the Board declined to evaluate her answer sheet She filed Civil Writ Petition No. 2545/96 seeking directions for the Board to evaluate her answer sheet after putting the test booklet code and to declare her result alongwith the other successful candidates. A further direction was sought for grant of admission in the Manipal Academy in accordance w ith the merit rank to be secured by her.

(3.) The learned Single Judge in the impugned judgment held that the omission to Fill in the test booklet code was an innocent one without any ulterior motive. The learned Single Judges further held that apart from Manish's omission in not filling the Test Booklet Code. the lnvigilator, entrusted with the duly to ensure that candidates filled in all the details and particulars, failed in his duty in not checking the answer sheet and guiding her. The Board could not be absolved of the responsibility due to the lapse of its invigilator. The learned Single Judge held that the candidate should not suffer on account of her minor omission and the lapse of the invigilator and in the facts and circumstances of the case. she was entitled to the relief as prayed. The learned Single Judge, accordingly, allowed the petition and directed the respondent board to evaluate the answer sheet of the petitioner and declare her result within one month from 2.8.1996,i.e. the date of the judgment.