38.6c New Delhi, India, Tuesday, July 23, 2024

Supreme Court Rejects Plea of Government Services Candidates Against Invalidation of Result for Whitener Use Despite Evaluation by Computers

By Neha Bharti      18 November, 2020 05:20 PM      0 Comments
Supreme Court Rejects Plea of Government Services Candidates Against Invalidation of Result for Whitener Use Despite Evaluation by Computers

On November 16, 2020, Justice Ravindra Bhat remarked that "In this country, people who comply with rules are punished. And people who don't comply will always have arguments". The petitioner before the bench of Justice U U Lalit, Justice Vineet Saran, and Justice Ravindra Bhat were candidates in the Bihar Elementary Teachers Eligibility Test 2017 who had despite the clear instructions to the contrary, in fact, use a whitener over their OMR sheets, in attempting the question during the examination which day over to for the test in question. Due to the use of whitener in OMR sheet the results were held to be invalidated even though the OMR sheets stood duly evaluated by the computer. 


The counsel for the petitioner urged that The use of the eraser, whitener, etc. has been refused because the computer might not able to read the OMR sheet then. But in our case, the computer read it! All I am praying is for the authorities to take at least declared the result. This was only an eligibility exam it is to be held every year but actually, it is held only once in 4-5 years. I have crossed the age limit for taking it now." 

Justice U U Lalita observed that "It is possible that even after the exam the correct answer can be inserted by the use of these devices of eraser whitening the purpose of the rule is to ensure transparency and fairness once the rules have forbidden the use of these items you are deemed to have been given adequate notice." 

Justice Ravindra Bhat has commented that "Why you should even be considered? What about those who complied with the rules and fed the correct answer? In this country, people comply with the rule only to be punished and those who don't comply will always have arguments... Why can't you follow the rules and you are hoping to get into service into a public Institution?" The bench proceeds to dismiss the special leave petition. 


Bihar Elementary Teachers Eligibility Test 2017 was conducted with the advertisement number 42 dated April 6, 2017, and it is mentioned in the notification dated July,13,2017 clearly two conditions first is no candidate is authorized or permitted to use pen eraser or whitener in OMR sheet and if the OMR sheet has not properly filled up the same would be rejected by the computer resulting in validation of their result for which the candidate alone would be responsible. 

Aggrieved thereof the writ petition was preferred before the Patna High Court which stood educated against the petitioner via impugned judgment dated July 19, 2019. Consequently, writ appeals assailing the judgment on a limited point have been filed. 

The division bench of High Court, Patna has dismissed The Appeal on September 23 and said that "We notice that the instructions issued in column 4 of the advertisement number 63 of 2017 dated July 13, 2017, are unambiguous. No overwriting or use of whitener on OMR sheet is permissible. Only for the reason that despite the use of whitener OMR sheet stand evaluated by the computer that itself would not render the clause of rejection of result to be an invalid date or nugatory." 

Share this article:

Leave a feedback about this

Trending Judiciary
NEET-UG: SC asks IIT-Delhi to apprise it of correct answer of a question where two options are found as correct

SC asks IIT-Delhi to determine correct answer for NEET-UG question with two correct options, report due by 12 PM Tuesday; court to hear further on re-test plea.

23 July, 2024 09:26 AM
Trending Judiciary
2021 Lakhimpur Kheri violence: SC grants regular bail to Ashish Mishra, son of ex Union Minister Ajay Mishra

SC grants regular bail to Ashish Mishra, son of ex-Union Minister, in the 2021 Lakhimpur Kheri violence case involving the death of eight people.

23 July, 2024 11:02 AM


Trending Judiciary
State govt has got no power to tinker with list of Scheduled Castes: Supreme Court [Read Judgement]

The Supreme Court ruled that state governments lack the authority to modify the Scheduled Castes lists, a power reserved exclusively for Parliament under Article 341.

17 July, 2024 09:31 AM
Trending Judiciary
SC asks Telangana govt to replace judge in Commission of Inquiry into power pact by previous govt

SC directs Telangana govt to replace Justice L Narasimha Reddy in Commission of Inquiry probing former CM KCR's alleged power sector irregularities.

17 July, 2024 09:40 AM
Trending Judiciary
Centre notifies appointments Justice N Kotiswar Singh, Justice Mahadevan as SC judges

Centre notifies appointments of Justice N Kotiswar Singh and Justice R Mahadevan as Supreme Court judges, marking the first SC judge from Manipur.

17 July, 2024 09:57 AM
Trending Judiciary
Imprisonment till rising of court not proper sentence for serious offence of bigamy: SC [Read Judgement]

The Supreme Court ruled that “imprisonment till the rising of the court" is not appropriate for bigamy, a serious offence, stressing the need for proportionate punishment.

17 July, 2024 10:00 AM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email