✦ High Court of India · 16 Apr 2025

The High Court · 2025

Case Details High Court of India · 16 Apr 2025
Court
High Court of India
Decided
16 Apr 2025
Length
1,187 words

"ir"rr'r['ri"""'-ti'*o i rft:i$ l:J ;::x,: lt ;'s*fi : ::ffi ':'"LT i {T:[j;*. I l^* ;: ** *; Paoer ll Zoolosv of the applicant bv declarins " l'l=[i];;;;i ,"ni ton'"q'"ntrv ,5}li:' ; r'e ap p i ca n'l a no *:6';i* *::l'- ; I ;; i r:'J"61 i li"::f -#il; consider for interview u"o '#i"i'"nt if she secur:'I:i";tl';X::'lffii::t:l -ii -"on.equentiar .,"ii0,,"' bv 1::"^:::"/,J:"Xtlti:1"'liTrlL';'0,,,;"*ii. Zooloqv bY disPosrng ffi;fitl ,;i pa.s s'"nottei order or orders' Counsel for the Petitioner : SRI P'V'KRISHNAIAH Counsel for the Respondent No'1 : SRI P'S'RAJASHEKAR' SC FOR TGPSC Counsel for the Respondent No'2 : GP FOR GENERAL ADMINISTRATION The Court made the following: ORDER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI w.P(TRI .NO. 2223 OF 20t7 ORDER: this u,rit petition, the petitioner is seeking to declare the action of the responclent No. I in not valuing the paper II Zoolog, of the pelitioner bv declaring ir as IW in the examination held l_or the post of Junior Lecrurer pursuant to the notification No.19l2OO8 and 5/2OO8 arbitrary and illegal, uncons titutional and consequently, to direct the respondent No.1 to value the Paper- JI Zoologt of the petitioner and to consider her for intervierv ancl appointment if she secured higher marks than selected candidates b,v creating supernumerary post of Junior Lecturer in Zoology and to pass such other order or orders in the inreresr ol.;ustice AS 2 Brief facts leading to the hling of the present writ petition are that the petitioner claims to be belonging to ST Community and she has completed her education in M.Sc., & B.trd., and she was fully eligible and qualified for the post of Junior Lecturer in Zoologr and consequent to issuance of the notification No 19/2O0g and 5/2008 to hll up various posts of Junior Lecturers including .Junior Lecturers rn Zoology, the petitioner submitted her application and she also participated in 2 -l TMD,J w.|tIr).No.2223 oI2017 thewrittenexaminationConductedbyAPPSC.However,when the results were published, the name of the petitioner did not hnd place in the list of selected candidates' Therefore' the petitioner submitted a representation to the respondent No' 1 on 29.O9.2012 seeking information r't'ith regard to the marks secured bv her in the written examination and also the answer key. Initially, the petitioner was replied that as per the orders of the High Court, it is not possible to give the answer key to the candidates,hoq'ever,onOl'O2'2014'thepetitionerreceivedthe key published bv the respondent No'1' According to the key' the petitioner has secure<l 3 12 marks ald as per the selection list' thelastcandidateunderS.T.CategorySecured2g3marksonly and since the petitioner secured higher marks' but her name was not in the selection list' the petitioner made another representation under RTI Act on 15'02 2O14 seeking the written test marks secured by her' The respondent No'l' vide letter dated 03 .04.2O 14 stated that the petitioners secured 86 marks in Paper-l and she was categorized as IW in Paper-ll' According respondent No.1 'lW' means using the whitener/ blade / eraser/ pencil or folding/ tearing/ doing/ rough work or any kind of tampering on the OMR answer sheet' It is submitted that the petitioner is having carbon copy of OMR ,v 3 She ''n"' ""'"'"" "f{";l et and that she has not committed any mistake as statecl by respondent No.l. It is submitteri that the respondents hav.e not valued the paper-ll of the petitioner lor one reason or the other and to cover up their mistake, they stated that the paper_Il of the petitioner is ,IW,. Therefore, she has filed the present writ petition seeking valuation of her paper -II Zoology and also for consideration of her candidature for the post ol_Junior Lecturer rn Zoologr by conducting intervierv ancl other lbrmaiities. It is submitted that the petitioner fileci (_r.A.No.3 l2Z of 2014 before the Andhra pradesh Appellate Tribunal ancl on abolition of the Tribunal, the same has been transferred to this Court and it is renumbered as W.p.(Tr).N o.2223 of 2017.

3. Learned Standing Counsel appearing for the respondent No.1 has filed a counter affidavit stating that 1n reply to euestion No.69 in Paper-II, the petitioner has used a whitener on the OMR sheet and therefore, her paper u,as not valued and she was not consiclered for in tervieu,. that the Commission has given clear instructions on the backside of the hall tickets as to u,hat should or should not be done ald that in vrhat circumstances the papers rvould be held as invaiid. It is submitted that as per the ph_vsical verification of It is submitted I Ir i 4 -ti TMD'J w.PTrt.No-2223 of 20 t7 the petitioner's OMI{ answer sheet' the petitioner changed the answerfromlto3ofquestionNo.6g,assuch,shehadresorted to tampering and vioiated the instructions of the commission'

4. Learned coutlscl for the petitioner had requested before this Court that the ansg'er sheet be summoned rn order to verify the veracity of the statement of the respondents Thus' this Court had directed the respondents to furnish the copy of the answer sheet ancl vide letter dated 16'01 2O25' the Xerox copy of OMR ansu'er sheet of Zoology Paper-ll pertaining to the petitioner has been filecl and upon verification of the same ' this Court ltnds that in respect of the question No'69' the optlon No.1 has been tampered and the answer is given as option No 3' It is compared with the carbon copy of the same at page No'24 of the writ petition' This Court ltnds some erasing of choice 1 and since the copy trled by the petitioner is a carbon coPY, if 'whitener is used, the same r'"'ould not be evident in the carbon

5. In view of the above, this Court going by the copy of the answer sheet produced by the respondents is also convinced that there was some tampering of the answer sheet and 5 therefore, the petitioner,s paper-Il was rightlj, invalidated and this Court does not find arly merit in this u,rir r",r,,or_r. w.pO.).N".22x .;{:;l

6. Accordingly, this u,rit perrrion shall be no orcler as to costs. rs dismissed. There

7. Miscellaneous petitions, if an,r., pencling in this writ Petition, shall stand closed. \ To, ,TRUE COPY// SD/.8.G. VYJAYANTHI ASSISTANT REGISTRAC secffi'orr rcER/

1. One CC to SRt p.V.KRtlHNAtAH, , Advocare tOpUCl ilf;"t to GP FOR SERVTCES il, High Court for the Srate of Tetangana 3. Two CCs to Gp FOR GENERAL ADM|N|STRAT|ON DEPT. High Courr for 4. Two CD Copies. oBsx the State of Tetangana a+rvoeLoao.'iijrjii '^ ' ,", GJP l I I HIGH COURT DATED:16 tO4t2O2S [ 2 SEP 'd0U5 i a_r '. \i',.\...,: ORDER WP(TR).N 0.2223 of 2O1t DrsMlsstNG THE WR|T PETtTtoN (TR) WITHOUT COSTS

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