High CourtsSingle Bench(2020) 05 CAL CK 0011

Aniruddh Kumar Saxena & Ors. vs Union Of India & Ors

Calcutta High Court · Decided on 12 May 2020

HON’BLE JUDGES
Subrata Talukdar, J
CASE NUMBER
Writ Petitions (WP) No. 5387 (W) Of 2020

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Judgment

12 paragraphs · 328 words

Subrata Talukdar, J

Heard Learned Counsel for the parties. Learned Counsel for the petitioners submits that the petitioners appeared as candidates in an online admission test for a Course under the Respondent Nos. 2, 3, 4 and 5.

It is pointed out that the question paper was found to contain technical errors.

Mr. Tewari, Learned Counsel, appears for the Respondents/Union of India, being the Ministry of Human Resource Development (MHRD) and points out that the technical errors have been identified and corrective/ ameliorative measures taken.

From the arguments of the parties, it emerges that out of total of a 921 candidates who appeared for the online examination, 867 candidates complained of the technical errors.

The petitioners submit that since the online paper permits negative marking we as other candidates and valuable time was spent by the petitioners as in identifying the technical errors and since the overwhelming number of candidates have suffered from such technical errors, the petitioners are entitled to interim reliefs.

It is further submitted by the petitioners that only the Respondent Nos. 1 and 8 are represented through Mr. Tewari although the other Respondents have also been served.

Having heard the parties and considering the materials placed, this Court, at this stage, is satisfied that the Respondents be restrained from finally publishing / announcing the results of the online test or proceeding further thereof without placing a Status Report before the next appropriate Bench and, also only with the leave of the Hon'ble Bench.

The petitioners are directed to implead the short listed candidates out of the online test as brought to the notice of this Court at the hearing.

Let the matter next appear before the appropriate Bench after a period of six weeks from this date.

Liberty is also granted to the petitioners to complete the formalities connected to filing of the writ petition within 48 hours of the lockdown being lifted.

All parties to act on a server copy of this order.