SHARMILA KUMARI Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) Having the requisite qualifications, the petitioner participated in the Rajasthan Teachers Eligibility Test-2011 examination (hereinafter 'RTET-2011') in the category of OBC female both in paper Level-I and paper Level-II on 31.07.2011. The result of the examination was declared on 28.08.2011 and the petitioner secured 80 marks out of 150 marks in paper Level-I and 34 marks out of 150 in paper Level-II of the RTET-2011 examination as against the requirement of 67.50 minimum marks in the category of OBC female in each paper for being declared as pass and entitle to a certificate of eligibility.

(2.) Being dissatisfied with the result of her RTET- 2011 examination, more particularly paper Level-II examination, the petitioner moved an application under Right to Information Act, 2005 to obtain the answer sheet with OMR sheet and mark-sheet of paper Level-I and II. The petitioner was supplied the copy of the answer sheet with OMR sheet of paper Level-I and II on 08.10.2011 and further answer key of paper Level-II (Booklet series C) was procured by the petitioner by way of website / online service of the Secretary and Coordinator, Rajasthan Teachers Eligibility Test, 2011. According to the petitioner, on the comparison of her performance in paper Level-II of RTET- 2011 with answer key of said paper obtained from the website of the respondents it transpired that the petitioner had in fact secured 99 marks and not 34 marks out of 150 marks in paper Level-II and the petitioner was thus wrongly marked in the paper Level-II in RTET-2011 examination. The petitioner approached the Board of Secondary Education, Rajasthan through which the examination has been conducted pointing out the error in her evaluation and sought revaluation of her paper in LevelII with a modified result consequently. The request of the revaluation was denied in view of the fact that there was no provision of revaluation of marks under RTET-2011.

(3.) Hence, the present writ petition has been filed. The respondent-Board of Secondary Education, Ajmer has submitted that over seven lacks students took the RTET-2011 examination which was based on objective questions and answer which had to be given in the OMR sheet by making a black ball on the OMR sheet against the correct answer and these OMR sheets were scanned by a computer. It is submitted that the OMR sheets contain space for answers as well box space for mentioning the necessary details such as roll number, question booklet number, language etc. It has been submitted that secrecy department of the Board of Secondary Education, Ajmer has fixed criteria regarding award of question booklet number and their answer sheet of OMR had to be evaluated on the basis of Code decided on the basis of question booklet number. The above criteria was fixed and the question booklet number had to be divided by four and consequently the numbers were 0, 1, 2 & 3 and the Code was D, A, B, C respectively.