Facts
The petitioner participated in the Bihar Police Sub-Ordinate Service Commission’s recruitment process under Advertisement No. 01/2019 for the posts of Police Sub-Inspector, Sergeant and Assistant Superintendent Jail (Ex-serviceman), including vacancies in the EBC (Women) category. She cleared the Preliminary Examination and appeared in the Mains Examination. Her roll number did not appear in the Mains result published on 16 January 2021, and her name was also absent from the final result published on 17 June 2021.
Source reference: p. 2–3Through RTI proceedings, she sought her Mains OMR sheet and marks, but the Commission initially stated that the relevant confidential examination material could not be supplied because its auction process had commenced. During the writ proceedings, the Commission produced the petitioner’s OMR sheet.
Source reference: p. 3The petitioner contended that although the question booklet number had not been properly filled in, the instructions did not expressly state that such an omission would result in cancellation of the answer sheet or non-calculation of marks. The Commission maintained that the question booklet number had not been correctly marked in Column 2, contrary to the specific instructions printed on the OMR sheet, making evaluation of the answers impossible.
Source reference: p. 3–5Issues
1. Whether the Commission was justified in declining to evaluate the petitioner’s Mains Examination OMR sheet because the question booklet number was not properly darkened in accordance with the printed examination instructions.
Source reference: p. 4–62. Whether the petitioner was entitled to a direction for disclosure of her marks, publication of her result, and appointment as a Sub-Inspector under the EBC (Women) category.
Source reference: p. 1–3, 5–6Law Applied
The Court applied the principle that candidates in an objective examination must comply strictly with the instructions printed on the OMR answer sheet, particularly where accurate identification and evaluation of the answer sheet depend upon correctly marking the roll number and question booklet number.
Source reference: no citationClause 7 of the OMR instructions required candidates to “darken the circles corresponding to your Roll No. and Question Booklet No. against Box No. 1 and 2 very carefully”.
Source reference: p. 5–6The Court treated the Commission’s decision regarding non-evaluation of an improperly completed OMR sheet as an examination-administration decision warranting judicial restraint where the prescribed instructions had not been followed.
Source reference: no citationReasoning
The Court examined the petitioner’s OMR sheet and found that, although the roll-number column had been filled, Column 2 relating to the question booklet number had not been completed properly.
Source reference: p. 4–6The Court acknowledged that the instructions did not expressly state that failure to correctly fill the column would automatically result in cancellation of the answer sheet or non-calculation of marks.
Source reference: p. 5–6Nevertheless, it held that the instruction to darken the relevant circles “very carefully” was clear and had not been complied with.
Source reference: p. 5–6Since the question booklet number was necessary for matching and evaluating the answers, the Commission was justified in treating the answer sheet as defective and not calculating the petitioner’s marks.
Source reference: p. 5–6Consequently, the Court found no legal or factual basis to interfere with the Commission’s decision.
Source reference: no citationHolding
The Court held that the Commission had acted correctly in refusing to evaluate the petitioner’s Mains Examination answer sheet because the question booklet number was not properly marked as required by the OMR instructions.
The petitioner was therefore not entitled to publication of her marks, inclusion in the successful candidates’ list, or appointment as a Police Sub-Inspector.
Source reference: p. 6The writ petition was dismissed, with no direction for appointment or other relief.
Source reference: p. 6Original Court PDF
Kawita Kumari,vsThe State of Bihar,
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