'Sympathy Has No Place In The Eyes of Law': Jharkhand High Court Denies Relief To Candidate Who Entered Wrong Roll No. In OMR Sheet

The Jharkhand High Court recently refused to allow a candidate's request for re-evaluation of the OMR Sheet, observing that it will lead to 'manipulation'.

The aspirant had wrongly circled '6' instead of '8' while filling her roll-number, which led to the non-evaluation of paper 2 in the Jharkhand Combined Civil Services Competitive Examination. Justice S.N. Pathak observed,

"If the contention is accepted regarding re-evaluation of the OMR sheet, it will amount to opening flood gate, and a blanket order has to be issued regarding entertaining of those candidates, who have made incorrect entry in violation of clause 4 of the terms and conditions as mentioned in the admit card. This Court sitting under Article 226 of the Constitution of India cannot interfere in such matters."

Background

Filed through Senior Advocates Rajeeva Sharma and Aishwarya Prakash, the petition states that the petitioner bearing Roll No. 52278958 appeared for the Preliminary Test of Jharkhand Combined Civil Services Competitive Examination. On the publication of the result, the petitioner was not found successful. On inquiry, it was found that in paper-I and II, she secured 240 marks, while 230 was the cut-off for the scheduled tribe category. On seeking re-evaluation, no heed was paid by the JPSC.

Advocate Sanjay Piprawal, appearing for JPSC, informed the Court that the petitioner's OMR Answer Sheet of General Studies Paper-II was rejected by the OMR Scanning Machine due to wrong darkening or shadowing of Roll Number filled up by the petitioner. Therefore, her score of Paper-I was only considered as her total marks.

It was also argued that any correction, even concerning roll number or name, etc., in the OMR Sheet would lead to manipulation with the OMR Sheet of the candidate.

Findings of the Court

While refusing to interfere in the matter, the Court emphasized that it is an admitted fact that the petitioner has wrongly darkened the last digit of her roll number as '6' instead of '8'. It was observed that the JPSC could not rectify the mistake on the part of the candidate.

Therefore, her marks for Paper-I alone will be considered final, and Paper-II will not be evaluated for entering the wrong roll number.

It held,

"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 prevail in view of the terms and conditions as mentioned in the Advertisement, Admit Card and that of the Rules framed by the JPSC."

It also referred to 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 benefit should go to the examination authority rather than to the candidate.

Case Title: Aditya Isha Prachi Tirkey v. The Jharkhand Public Service Commission & Ors.

Citation: 2022 LiveLaw (Jha) 6

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