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Rajasthan High Court
Labour Law

OMR Sheet Defaults Cannot Be Cured After Submission: Rajasthan High Court Upholds Exclusion From Selection

Published: · NyayVidhan

A Division Bench of the Rajasthan High Court dismissed a writ petition by two candidates whose OMR sheets could not be machine-evaluated because one left the question booklet series blank and the other did not darken its bubble (paras 4-5). Holding that examination instructions are mandatory and that letting candidates correct rejected sheets would derail selection and invite misuse, the Court followed G. Hemalathaa and Jagdish Chandra Jat (paras 8-12).

OMR Sheet Defaults Cannot Be Cured After Submission: Rajasthan High Court Upholds Exclusion From Selection

Judgment Intelligence

Petition Dismissed
Payal Soni & Anr. v. Rajasthan High Court & Anr.
2024:RJ-JP:31009-DB
D.B. Civil Writ Petition No. 11861/2024
Court
Rajasthan High Court
Date of Decision
23 July 2024
Bench
Chief Justice Manindra Mohan Shrivastava and Justice Ashutosh Kumar
Relevant Acts & Sections
Constitution of India — Article 226
Final Outcome

Writ petition dismissed, following the Supreme Court's declaration of law in G. Hemalathaa and the High Court's orders in similar cases; the petitioners' exclusion from the selection process was not interfered with (para 12).

Key holdings

  1. A question booklet series left blank or undarkened makes an OMR sheet incapable of machine evaluation (paras 4-6).
  2. Candidates, not only the examining agency, must strictly follow examination instructions to preserve the sanctity of selection (para 6).
  3. Allowing corrections or manual re-examination of rejected OMR sheets would derail selection and invite suspicion of misuse (para 8).
  4. Following G. Hemalathaa, examination instructions are mandatory and cannot be relaxed on sympathetic grounds (paras 9-10).
  5. Following Jagdish Chandra Jat, the only course open is to exclude such a candidate from selection (para 11).

Case explainer by NyayVidhan: an account of this judgment and the law it laid down, not the court's text. The judgment itself is the authoritative version.

Brief Facts

Two candidates excluded from a selection process filed a writ petition against the Rajasthan High Court, through its Registrar General, and its Registrar (Examination). Petitioner no. 1 left blank the space for the question booklet series on the OMR sheet; petitioner no. 2 did not darken the bubble for the series (para 4). Their sheets could not be evaluated by the machine-based system (para 5). They argued that neither the instructions nor the advertisement declared that improper darkening would lead to exclusion, that they should have had one opportunity to correct the sheets, and that they were meritorious (paras 2, 7). The respondents relied on the Division Bench order in Jagdish Chandra Jat (para 3).

Court's Findings

Because OMR sheets are evaluated by machines, the respondents issued detailed marking instructions; clause 6 warned that a series bubble left undarkened, wrongly darkened or blotted with ink may disrupt evaluation, and a sheet without a properly marked booklet series cannot be evaluated by the system (para 5). The sanctity of selection for public employment requires a clearly laid-down process that is scrupulously followed by the examining agency and the candidates alike, and candidates must strictly adhere to the instructions; once such a mistake is made, there is no laid-down system to cure it (para 6). The plea that a correction process should have been evolved was rejected: such a blanket relaxation would destroy the sanctity of the examination, and manual re-examination or correction of rejected sheets would derail and delay selection and raise suspicion, as the practice is open to misuse (paras 7-8). The Court relied on G. Hemalathaa, where the Supreme Court held examination instructions mandatory and beyond relaxation by a High Court under Article 226, and on Jagdish Chandra Jat, which held that such mistakes cannot be corrected and the candidate must be excluded (paras 9-11).

Legal Principle

Instructions for filling OMR sheets in a public-employment examination are mandatory and bind candidates; where a candidate's own default, such as not marking the question booklet series, makes the sheet incapable of evaluation, there is no right to correct it afterwards, and exclusion from the selection process is the only course (paras 6, 8, 11).

Precedents Relied Upon

  1. Union of India & Others v. Jagdish Chandra Jat D.B. Civil Writ Petition No. 12323/2020 (Rajasthan High Court, order dated 19.08.2021)
    Followed Discussed at ¶ 3, 9, 11, 12

    Mistakes committed by a candidate in filling the OMR sheet cannot be allowed to be corrected; the only course open is to exclude the candidate from the selection process.

  2. State of Tamil Nadu and others v. G. Hemalathaa and another Civil Appeal No. 6669/2019, decided on 28.08.2019
    Followed Discussed at ¶ 9, 10, 12

    Instructions issued for an examination are mandatory and must be strictly complied with; the High Court under Article 226 cannot relax them on sympathetic grounds.

NyayVidhan
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Decided: July 23, 2024 Chief Justice Manindra Mohan Shrivastava and Justice Ashutos...
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