Patna High Court: The question before Prabhat Kumar Singh J., for contemplation, was “Whether the candidate has violated the instructions in the OMR sheet and whether his result was right annulled by the Controller of Examination ?”
Petitioner sought quashing of the decision delivered by Controller of Examination declaring the result invalid for Physical Education and Health Instructor Ability Test, 2019, due to alleged usage of eraser and whitener in the OMR sheet.
Ritika Rani, counsel for the petitioner, challenged the said decision on the basis that it was arbitrary and irrational. It was vehemently argued that it was a mere mistake committed by the petitioner and the punishment was inadequate considering the nature of the mistake. It was further argued that the Board has not expressly informed about the said instructions.
On the contrary the counsel for respondents, Girijinsh Kumar and Pramod Kumar Singh, categorically stated the issue was already settled by a Coordinate Bench in Brajesh Kumar v. State of Bihar, CWJC No. 16359 of 2017, where the Court has dismissed the petition and held that “since the use of whitener, etc. was specifically prohibited under the instructions, no direction can be issued for publishing the result of those candidates.” It was further submitted that clear instruction was given to all the candidates including writ petitioner, not to use pen, eraser, or whitener on the OMR Sheets while attempting questions, otherwise the result will be declared invalid.
The court on perusal of records was of the opinion that petitioners violated the instructions given by the Board while answering the questions in OMR Sheets. It was held that “Such infringement of instruction during examination amounts to misconduct, hence such candidates are liable not to be selected.” Petition was dismissed as there was no irregularity in the order of the Controller.[Om Prakash Paswan v. State of Bihar, 2021 SCC OnLine Pat 73, decided on 13-01-2021]
Aastha Sharma, Editorial Assistant has put this story together