NIRMAL KUMAR DEVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Seeking cancellation of result published on 28.05.2013 and for constitution of a committee of expert teachers for proper evaluation of question and answers, the present writ petition has been filed. A further prayer seeking quashing of order dated 04.01.2014 passed by respondent no.3 whereby, the representation of the petitioner has been rejected, has also been made in the writ petition.

(2.) Briefly stated, the Advertisement No.95 of 2012 was issued on 18.11.2012 in the daily newspaper namely, "Prabhat Khabar" inviting applications for Teachers Eligibility Test2012 (TET2012). The petitioner submitted his application for TET2012 primary level (Class 6 to 8) and he appeared in the examination held on 26.04.2013. When the Model Answer Key was published, the petitioner detected that the Model Answer Key contained wrong/improper answer or more than one correct answers and this fact was brought to the notice of respondent no.2Jharkhand Academic Council. Subsequently, 2nd Answer Key was published with some correction in the 1st Model Answer Key. However, when the result was published on 28.05.2013, the petitioner was declared not qualified. The petitioner submitted his representation to respondent no.2 bringing it to the notice of the respondent no.2 that in the Revised Answer Key also, there are several wrong answers however, when the petitioner did not get any response from the Jharkhand Academic Council, he preferred W.P.(C) No.4568 of 2013, which was disposed of on 20.12.2013 directing the Chairman, Jharkhand Academic Council to consider the petitioner's grievance and pass appropriate order. The petitioner accordingly submitted his representation however, the same has been rejected by order dated 04.01.2014. Aggrieved, the petitioner has approached this Court once again.

(3.) A counteraffidavit has been filed on behalf of respondent nos.2 and 3 stating that in the examination held on 26.04.2013 for Class 6 to 8 level, the petitioner obtained 76 marks out of 150 marks whereas, the qualifying marks for Class 6 to 8 level for B.C. category was 78 marks and as such, the petitioner did not qualify. After the TET2012 examination was held, the Model Answers were uploaded on the website of Jharkhand Academic Council and vide notification published in the newspaper on 28.04.2013, objections were invited till 02.05.2013. The objections were placed before the Subject Experts/Committee of Experts, who recommended the correct/most appropriate answers and in this manner, the Revised Model Answers were prepared and uploaded on the website of Jharkhand Academic Council. The OMR sheets of the candidates have been evaluated on the basis of Final Model Answers. It is stated that there is no illegality or irregularity in the evaluation of the answersheets. The representations of the petitioner were received on 31.05.2013 and 05.06.2013. It is further stated that the petitioner did not submit any objection with respect to Question Nos.43, 123, 127 and 143 on or before 02.05.2013, when the candidates were required to submit their objections to the model answers. The representation of the petitioner has been rejected because the plea taken by the petitioner is completely misconceived.