Mistake In Encircling Roll Number In OMR Sheet Is Of Trivial Nature: Gujarat HC Directs Authorities To Declare Results Of Court Assistant Exam Candidates

The Gujarat High Court directed the authorities to declare the results of candidates of the Examination for the post of Assistant for Subordinate Courts in Gujarat State.

The Court was dealing with a batch of petitions filed by the candidates being aggrieved by the fact that their names did not figure in the examination result. 

A Single Bench of Justice Vaibhavi D. Nanavati remarked, “In the facts of the present case also, in the opinion of this Court, the mistake committed by the petitioners herein in encircling the roll number, which does not form a part of the relevant instructions, as referred above, provide that filling of wrong entry of question Booklet number and Set Code in the OMR Answer Sheet will cause wrong examination result and the candidate himself/herself will be responsible for the same.”

Advocate Vaibhav A. Vyas represented the petitioners while Senior Advocate G.M. Joshi and Advocate R.D. Kinariwala represented the respondents.

Facts of the Case -

The respondent authority had issued an advertisement inviting online applications for centralized recruitment to the post of Assistant for the Subordinate Courts in the State for 1778 posts in 2023. In the stipulation provided in the said advertisement, the recruitment process for appointment on the post in question consisted of Elimination Test, Main Written Examination, and Practical/Skill Test.

The petitioners had applied pursuant to the same and appeared in the elimination test. The petitioners’ name did not figure in its result and in view thereof, they approached the respondent authority via representations. The said representations were not answered and hence, the petitioners were before the High Court, seeking few reliefs.

The High Court in the above context of the case said, “Considering the aforesaid as a mistake also, the same is of a trivial nature and in view thereof, exercising extraordinary jurisdiction under Article 226 of the Constitution of India, the prayers, as prayed for, are required to be allowed to the extent that the respondent herein is directed to reconsider the case of the petitioners in light of the aforesaid findings arrived by this Court and declare the result of the petitioners with respect to the elimination test conducted on 02.07.2023 pursuant to the advertisement No.RC/1434/2022(II).”

Furthermore, the Court clarified that upon declaring the result of the elimination test, if the petitioners have cleared the said test as per the prescribed criteria, the result of the written examination wherein, the petitioners appeared in the said examination by interim order shall also be declared.

Accordingly, the High Court allowed the petitions.

Cause Title- Vishalkumar Kanubhai Patel v. High Court of Gujarat (Neutral Citation: 2024:GUJHC:45100)

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