A request petition was filed in the Jharkhand High Court for re-evaluation of the OMR sheet, which was dismissed by the Court saying that it would direct to ‘manipulation’.
The candidate, while entering his Roll Number, had made a wrong circle with ‘6’ instead of ‘8’, due to which the re-evaluation of Paper 2 in the Jharkhand Combined Civil Services Competitive Examination could not take place.
Justice S.N. Pathak observed that –
“If this argument about the re-evaluation of OMR sheets is accepted, it will amount to opening of flood gates, and an extensive order should be issued regarding the entertainment of those competitors who do not fulfill the conditions mentioned in the admit card. As per Article 226 of the Constitution, the court cannot interfere in such matters.”
The petition was filed through senior advocates Rajeev Sharma and Aishwarya Prakash in which it is stated that a student with roll number 52278958 had appeared for the preliminary examination of Jharkhand Combined Civil Services Competitive Examination. When the result was published, the petitioner was not found successful. Then on inquiry, it was revealed that in Paper-I and II, he had secured 240 marks while 230 was the cut-off for the ST category, and the demand for re-evaluation was ignored by JPSC.
And while advocate Sanjay Piprawal, appearing for JPSC, told the court that the roll number was mistakenly blacked out or shaded by the petitioner due to which the OMR answer sheet of General Studies Paper-II was dismissed by the OMR scanning machine. Hence, only his Paper-I score was considered as his total score.
And it was also said that if there is any modification in the OMR sheet related to rolling number or name etc., then it will be manipulated in the OMR sheet of the candidate.
After hearing the statements of both sides the court concluded that the petitioner wrongly blacked out the last digit of his roll number as ‘6’ instead of ‘8’ and this is an accepted fact and refused to interfere. It was also observed that this a mistake that could not be rectified on the part of JPSC. Hence, marks in Paper-I only will be considered as his/her final score and Paper-II will not be evaluated for entering the wrong Roll Number.
It held that –
“Maybe the petitioner has not intentionally darkened digit 6 instead of 8, but ‘sympathy has no place in the eyes of the law’. The law will exist because of the terms and conditions as mentioned in the Advertisement, Admit Card and that of the Rules framed by the JPSC.”
It also suggested the Apex Court decision in the case of Ram Vijay Singh & Ors. v. State of Uttar Pradesh & Ors., (2018) 2 SCC 357 wherein it was held that in the event of a doubt, the privilege should go to the examination authority rather than to the candidate.