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Judgment
The case of the petitioner is that he wrote the on-line examination for the post of Technical Helper with the Jaipur Vidyut Vitran Nigam Limited (JVVNL) on 28.08.2018. Having failed the said examination the petitioner moved an application under Right to Information Act, 2005 for obtaining a copy of his OMR sheet for comparing it with the master question paper with key uploaded on the website of the respondent-JVVNL.
The OMR answer sheet of the petitioner as obtained under the RTI Act, 2005 indicates that he attempted no question at all at the on-line examination. It has been submitted that the petitioner had in fact attempted 149 questions out of 150 and that the information made available through RTI to the petitioner showing that he attempted no question at all the on-line examination is wholly erroneous and clearly attributable to the negligence of the respondents or their faulty system at the online examination. It has been prayed that in this circumstances aforesaid an appropriate direction be issued to the respondent for the obtaining of the petitioner's correct OMR answer sheet with reference to the questions answered by him at the on-line examination and for then evaluating him accordingly.
Heard. Considered.
On the petitioner's own admission as per his OMR answer sheet furnished to him under his RTI application he is shown to have attempted no question at all at the on-line examination. In this view of the fact it is not possible for the court to proceed with the petition on merits and consider as to whether or not the petitioner has attempted 149 questions out of 150 as asserted at the on-line examination. Whether the OMR answer sheet obtained by the petitioner under RTI is only a result of the respondent's negligence or failure of their system or an error in their online examination cannot be addressed by this court in the exercise of its extra-ordinary jurisdiction. That is purely a technical issue in the domain of experts and beyond the remit of the Court under Article 226 of the Constitution of India. Aside of the aforesaid on the petitioner's own admission despite a copy of the OMR sheet having been admittedly received by him on or before 24.10.2018 he has approached this court after an inordinate unexplained delay only on 02.01.2019.
In this view of the matter, I am not inclined to entertain this petition both for reasons of question of fact requiring an enquiry beyond the Court's jurisdiction under Article 226 of the Constitution of India and also for reason of laches.
The petition is accordingly dismissed.