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Allahabad High Court
Irfan Ali And Another vs State Of U.P. And Others on 9 August, 2010
Court No. - 18

Case :- WRIT - A No. - 46909 of 2010

Petitioner :- Irfan Ali And Another
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Manoj Kumar Singh,Ashok Kumar Singh
Respondent Counsel :- C. S. C.,A. K. Yadav

Hon'ble V.K. Shukla,J.

Earlier, petitioners had approached this Court through writ petition
No.38517 of 2010, Irfan Ali and others vs. State of U.P. and others,
and this Court at the first instance had asked the petitioners to
approach the U.P. Secondary Education Service Selection Board,
Allahabad. Petitioners, thereafter, approached the U.P. Secondary
Education Service Selection Board, Allahabad, and the said Board in
its turn examined the claim of the petitioners. In respect of petitioner
Irfan Ali, the Board found that in his OMR sheet Roll Number had been
wrongly fileld, as after figure 8 circle (0) has not at all been written, and
on account of wrong filling of the Roll Number, his answer sheet has
not been evaluated. Similarly, petitioner Raj Kumar has not filled circle
of the subject. Instruction sheet has been produced before this Court,
wherein it has been clearly stated that in the event of wrong filling of
OMR sheets, the answer sheets would not be evaluated.

From the side of petitioners, Sri Manoj Kumar Singh, Advocate, tried to
contend before this Court that requisite formalities had been fulfileld
and incorrect mention has been made in the impugned order. Sri A.K.
Yadav, Advocate, representing the the U.P. Secondary Education
Service Selection Board, Allahabad, contended that based on record,
said communication had been sent to the petitioners. On such
argument being advanced, as from the side of petitioners this is pure
speculative writ petition to get the OMR sheets produced before this
Court, as such categorical mention was made to Sri Manoj Kumar
Singh that in case averments made by the petitioners were found to be
incorrect, heavy cost would be imposed on them. At this juncture,
learned counsel for the petitioners retracted back, which is clearly
reflective of speculative attempt and even the petitioners are not sure
as to whether they have filled the OMR sheets correctly or not. In such
a situation and in this background, once on the basis of record, the
U.P. Secondary Education Service Selection Board, Allahabad, has
clearly pointed out the shortcomings in the OMR sheets, and the action
taken by the Board is strictly in consonance with the instructions
supplied, then there is hardly any scope for interference.

Consequently, writ petition is dismissed.

Order Date :- 9.8.2010
SRY


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