Inderpreet Singh vs State Of Haryana And Another

Jagmohan Bansal, J

The petitioner through instant petition under Article 226 of the Constitution of India is seeking direction to respondent to supply Answer Key and OMR Sheet pertaining to written examination of Advertisement No.8/2015 dated 19.07.2015 and recommend his name for the post of Constable (Male) general category.

The petitioner pursuant to Advertisement No.8/2015 dated 19.07.2015 applied for the post of Constable (General duty). As per advertisement, 1650 posts were meant for general category. 500 seats were meant for Special Backward Class (for short ‘SBC’). The State Government on 01.04.2016, withdrew its notification dated 24.01.2013 whereby reservation was made for SBC. The respondent converted seats reserved for SBC into general category seats. The petitioner scored 62.55 marks and cut-off was 65.55 marks. On account of conversion of 500 SBC seats into general category, the cut-off came down to 63.55 marks.

Learned counsel for the respondent submits that petitioner was not granted correct marks. OMR Sheet and Answer Key may be summoned. The perusal of OMR Sheet and Answer Key would reveal that petitioner was not granted three marks of one correct answer. If he is granted three marks, his marks would be more than cut-off marks. The respondent has supplied him OMR Sheet of another written test whereas he was demanding with respect to written test of Advertisement No.8/2015 dated 19.07.2015.

PER CONTRA, learned counsel for respondent submits that petitioner scored 62.55 marks whereas cut-off even after conversion of 500 SBC seats into general category was 63.55 marks. The petitioner was having one copy of OMR Sheet and Answer Key was uploaded on official website, thus, his demand is not sustainable.

Heard the arguments and perused the record.

From the perusal of record, it is evident that petitioner participated in the selection process which was initiated vide advertisement dated 19.07.2015. He concededly scored 62.55 marks and cut-off even after conversion of 500 SBC seats into general category was 63.55. He was claiming that he is not having OMR Sheet and Answer Key and if OMR Sheet and Answer Key is scrutinized, it would be evident that petitioner was awarded three marks less than his entitlement.

The selection process completed in 2019. The petitioner concededly was supplied one copy of OMR Sheet and Answer Key was uploaded on official website. The petitioner is claiming that he has lost his OMR Sheet and was awarded three marks less than his entitlement. The claim of petitioner at this belated stage cannot be entertained. It is duty of the petitioner to establish his case. The Court is not supposed to collect evidence for the petitioner and thereafter establish his case.

The petition stands dismissed with liberty to petitioner to move an appropriate application within six months from today if at any stage he gets his OMR Sheet and becomes able to prove that he was not awarded marks as per Answer Key.

Pending application(s), if any, shall also stand disposed of.