ABHINAV KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent-JPSC to publish the petitioner‟s result of Preliminary Test of Combined Civil Services Examination (P.T)-2021 [hereinafter referred to as ..the P.T Examination, 2021‟] held pursuant to Advertisement No. 01/2021 allotting appropriate marks in General Studies Paper-II keeping in view that as per the answer key published by the respondent-JPSC, he has got total 272 marks after self-evaluation which is more than the cut-off marks of 248.

(2.) Learned counsel for the petitioner submits that Advertisement No. 01/2021 was published by the Jharkhand Public Service Commission (JPSC), Ranchi for Jharkhand Combined Civil Services Competitive Examination-2021 inviting applications from the eligible candidates for filling up different posts in the State of Jharkhand. Pursuant to the said advertisement, the petitioner filled up the examination form and appeared in the Preliminary Test held on 19/9/2021. The petitioner properly filled the digits in the roll number portion of Paper-II of OMR sheet and correctly bubbled/shadowed all the circles in accordance with the instructions issued by the JPSC. The details appearing in the roll number portion of OMR sheet were also sufficiently legible for identifying the roll number of the petitioner in OMR Sheet of Paper-II. At the time of submission of the OMR sheet, there was no mistake regarding bubbling/shadowing of wrong Roll Number, rather the same was filled up in appropriate manner, otherwise the same would not have been accepted by the examiner. As per the answer key published by the JPSC, the petitioner evaluated his marks and found that he got 272 marks, which was more than the cut-off marks fixed for selection of a General candidate. It is further submitted that the result of P.T Examination was published on 1/11/2021 on the website of the respondent-JPSC, however, the roll number of the petitioner was not found in the P.T result. Thereafter, the petitioner represented the JPSC vide letter dtd. 13/12/2021 raising his grievance, however, he received a letter of the respondent No.3 vide memo No. 3225 dtd. 29/12/2021 intimating him that he was not selected, as his Paper-II stood rejected due to wrong bubbling of the roll number in the OMR sheet. Learned counsel for the petitioner in support of his argument, puts reliance on a judgment rendered by the Hon‟ble Supreme Court in the case of Union of India and Ors. Vs. Gudura Raja Surya Praveen [S.L.P.(C) No. 18592 of 2016].

(3.) Per-contra, learned counsel for the respondent-JPSC contends that on perusal of the petitioner‟s OMR sheet of Paper-II of the P.T Examination-2021, it would be evident that the bubbles of the roll number were not properly filled by him and due to fault on his part in not adhering to the guidelines/instructions mentioned in the Admit Card, the OMR Scanning Machine rejected his OMR Answer Sheet. It is further submitted that the instructions mentioned in the Admit Card are mandatory in nature for all candidates and the JPSC cannot do anything towards the automatic process of evaluation of the answer sheets as no manual interference is permitted in the said process.