Facts
The applicant participated in a 2012 North Central Railway Group D recruitment. He passed the written examination and Physical Efficiency Test but was not called for document verification and medical examination.
Source reference: p. 2–4In response to his 2023 representation, the Railway Recruitment Cell stated that his candidature had been rejected because he had used whitener/eraser on answers to Questions 41 and 85 and had not properly filled the answer to Question 56 on his OMR sheet.
Source reference: p. 2–4The applicant challenged that decision, arguing, among other things, that he should not have been permitted to take the Physical Efficiency Test if his OMR sheet was invalid.
Source reference: p. 2–4The respondents relied on the examination instructions and prior decisions concerning strict compliance with OMR requirements.
Source reference: p. 4–6No rejoinder affidavit was filed despite opportunities.
Source reference: p. 5Issues
1. Whether the respondents were justified in rejecting the applicant’s candidature for using whitener/eraser and improperly filling an answer on the OMR sheet, contrary to the examination instructions.
Source reference: p. 4, 6–72. Whether the applicant’s participation in the Physical Efficiency Test, or his asserted marks and rank, entitled him to further consideration despite the alleged OMR violations.
Source reference: p. 3, 6–7Law Applied
Section 19 of the Administrative Tribunals Act, 1985, provides the basis for the applicant’s Original Application.
Source reference: p. 1The OMR instructions required answers to be marked in the prescribed manner, prohibited changes by erasing, cutting or overwriting, and stated that non-compliance could invalidate the answer sheet or cancel candidature.
Source reference: p. 4–5The recruitment notification also made admission to the examination provisional and permitted rejection of candidature if a deficiency was later discovered.
Source reference: p. 5Relying on the Supreme Court decision in G. Hemalathaa (case citation not provided), as quoted in the judgment, the Tribunal applied the principle that mandatory examination instructions must be strictly followed and cannot be relaxed on sympathetic grounds.
Source reference: p. 5–7Reasoning
The Tribunal found that the applicant’s OMR sheet showed use of whitener/eraser on two answers and an improperly filled answer on another, conduct prohibited by the express instructions.
Source reference: p. 4; p. 6–7It held that allowing the applicant to proceed to the Physical Efficiency Test did not confer a right to later stages because the notification permitted scrutiny and rejection at a subsequent stage.
Source reference: p. 3, 5, 7Applying the strict-compliance principle, the Tribunal concluded that the applicant could not claim consideration for document verification or medical examination once the instructions had been violated.
Source reference: p. 6–7Holding
The Tribunal held that it found no illegality or infirmity in the rejection of the applicant’s candidature and dismissed the Original Application.
Any interim order was discharged, and related miscellaneous applications were disposed of.
Source reference: p. 7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
MANISH KUMAR GUPTAvsNORTH CENTRAL RAILWAY
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