AAFTAAB AALAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner was a candidate for an examination for the post of Junior Engineer (Mechanical) in Uttarakhand Jal Vidhuyut Nigam. The examining body was G.B. Pant Agriculture and Technical University (from hereinafter referred to as "University"). Admittedly the petitioner is an Other Backward Class (in short "OBC") category candidate. The last OBC category candidate obtained 102 marks whereas the petitioner has got 84.25 marks only. There were two sets of objective papers one for "General Knowledge" and second on the subject concerned. The petitioner has pointed out various mistakes in the second paper, in which out of 180 questions, for 12 questions had more than one choices and all choices given by a candidate have been deemed to be correct. In a couple of cases all choices i.e. A, B, C and D are held to be correct choices! The examining body itself has accepted its mistake in at least in 12 questions and therefore it is evident that they have not been careful enough in preparing the questions as well as their answer key. It is indeed a sorry state of affairs.

(2.) THIS Court had asked the examining body to bring the mark -sheet before this Court. The mark -sheet, which has been placed before the Court and which is now made a part of the record as Annexure "A" shows that at least in five questions, the petitioner has been awarded one marks irrespective of the answers, he has given. Therefore even if the petitioner is awarded a mark for each of the questions in which he has not been awarded marks yet he does not score more than the last candidate selected. Hence no relief can be granted to the petitioner. Accordingly, the writ petition is dismissed.

(3.) THOUGH the relief as claimed by the petitioner cannot be granted to him, for reasons already stated above yet the fact remains that the negligence and lack of application of mind and lack of due care and diligence on the part of G.B. Pant Agriculture and Technical University does gave a cause to the petitioner for filing the writ petition where he has pointed out the embarrassing lapses on part of the University. This has also resulted in much heart burning for the petitioner. Considering the negligence on the part of the G.B. Pant Agriculture and Technical University, where it has set question papers without due application of mind a liability in the form of compensation and penalty is fixed on it.