Jyoti Sharma Vs. State of Raj. and anr

Jyoti Sharma vs State of Raj. and anr

Type Court Judgment Court Rajasthan Jodhpur Decided Jan 09, 2013

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Citation: sooperkanoon.com/973787
Court: Rajasthan Jodhpur High Court
Decided On: Jan 09, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Jyoti Sharma

Respondent

State of Raj. and anr

Excerpt

.....officer, zila parishad, sirohi. the petitioner appeared in the said competitive examination, result whereof was declared by the respondents. being dis-satisfied with the marks obtained, the petitioner preferred an application before the respondent for providing the aforesaid information. however, the informations sought for have not been provided to him. hence this petition. 2 learned counsel for the petitioner submits that in the matter of central board of secondary education & anr. vs. aditya bandopadhyay & ors., (2011) 8 scc 497.the hon'ble supreme court has taken a categorical view that access to the answer sheets do not fall under any of the categories of exempted 'information' enumerated in clauses (a) to (j) of sub-section (1) of section 8 of the act and therefore, the examining bodies will have to permit inspection sought for. accordingly, it is submitted that the petitioners will be satisfied if he is permitted to inspect the omr sheet & answer book of the paper as prayed for. keeping in view the law laid down by the hon'ble supreme court in cbse's case (supra), learned counsel for the respondents agrees that the petitioners shall be permitted to inspect the omr sheet & answer sheet of the paper asked for, if not already weeded out. in this view of the matter, the writ petition is disposed of with a direction to the respondents to permit the petitioner to inspect the omr sheet & answer sheet of paper as prayed for, if not already weeded out. (govind mathur),j.sanjay

Full Judgment

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Jyoti Sharma Vs. State of Rajasthan & Anr. (S.B.CIVIL WRIT PETITION NO. 261/2013) DATE OF ORDER :

09. 1.2013 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Balvinder Singh, for the petitioner. Mr. G.R.Punia, Sr. Adv. & Addl. Advocate General assisted by Mr. Mahendra Choudhary for the respondents. ... Issue notice. Mr. Mahendra Choudhary accepts notices on behalf of the respondents. The service is, therefore, complete. By the instant writ petition, the petitioner is seeking direction to the respondents to provide copy of the OMR Sheet, Question Paper and Answer Key of Teacher Grade-III (Second Level) examination applied by her before the Public Information Officer, Zila Parishad, Sirohi. The petitioner appeared in the said competitive examination, result whereof was declared by the respondents. Being dis-satisfied with the marks obtained, the petitioner preferred an application before the respondent for providing the aforesaid information. However, the informations sought for have not been provided to him. Hence this petition. 2 Learned counsel for the petitioner submits that in the matter of Central Board of Secondary Education & Anr. Vs. Aditya Bandopadhyay & Ors., (2011) 8 SCC 497.the Hon'ble Supreme Court has taken a categorical view that access to the answer sheets do not fall under any of the categories of exempted 'information' enumerated in Clauses (a) to (j) of sub-section (1) of Section 8 of the Act and therefore, the examining bodies will have to permit inspection sought for. Accordingly, it is submitted that the petitioners will be satisfied if he is permitted to inspect the OMR sheet & answer book of the paper as prayed for. Keeping in view the law laid down by the Hon'ble Supreme Court in CBSE's case (supra), learned counsel for the respondents agrees that the petitioners shall be permitted to inspect the OMR sheet & answer sheet of the paper asked for, if not already weeded out. In this view of the matter, the writ petition is disposed of with a direction to the respondents to permit the petitioner to inspect the OMR sheet & answer sheet of paper as prayed for, if not already weeded out. (GOVIND MATHUR),J.

Sanjay

Same Court & Year Rajasthan Jodhpur · 2013 Same Parties Jyoti Sharma vs State of Raj. and anr Same Subject Education