Brajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16359 of 2017 ====================================================== Brajesh Kumar, S/o Chaudhary Jai Prakash Singh, resident of VillageNokha, P.S.- Nokha, Dist.- Rohtas. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Department of Education Government of Bihar, Patna.

2. The Secretary of Bihar School Examination Board, Patna.

3. The Controller of Examination, Bihar School Examination Board, Patna.

4. The District Magistrate, Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Singh For the Respondent/s :

Mr. S.C. MISHRA-SC16 For the Board : Mr. Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-12-2017 The petitioner seeks a direction to the respondent to publish his result of Bihar Elementary Teacher (Trained) Eligibility Test, held in the year 2017. It seems that the petitioner's answer-sheet in form of OMR- Sheet could not be evaluated because he had used whitener in the answer-sheet despite there being specific bar on use of whitener, as mentioned in the instructions issued to the candidates.

2. The only plea, which has been taken to claim the relief in the present application is that one Anup Kumar had also used whitener at three places whereas the petitioner had used at one place only. However, the OMR- Sheet of said Anup Kumar has been evaluated whereas petitioner's OMR- Sheet has not be

Patna High Court CWJC No.16359 of 2017(4) dt.22-12-2017 2/2 evaluated.

3. I have seen the instructions which were issued to the candidates to be strictly followed while appearing for the said test. Use of whitener in the OMR- Sheet was specifically prohibited under the instructions. Clarifying the requirement for strict adherence to the instructions issued to the candidates, it was specifically mentioned that in case the instructions are not followed, the Computer would reject such OMR answer-sheets and for that reason, their result would become invalid.

4. The petitioner has not disputed that he had used whitener. Use of whitener was apparently against the instructions issued to the candidates.

5. In such circumstance, no direction can be issued to publish the result of the petitioner.

6. This application is, accordingly, dismissed. (Chakradhari Sharan Singh, J) arun/- U