Home | Legal Advice | Civil Law | Exam has not been conducted on OMR sheet

Exam has not been conducted on OMR sheet

Shivendra Pratap Singh


High Court Lucknow

Civil Law

Reading Time:

The exam has not been conducted on an OMR sheet. I am working at CLW/Chittaranjan under the ministry of Railways as a Technician. This month I appeared in a promotional exam of Inter stage J.E. (LDCE). I was shocked in the exam hall to see the answer sheets, which were given to us to write the answer. It was not an OMR SHEET. We were given totally blank pages to write the question and its answer by hand.

The answer sheet had no carbon copy in between, no identity and no copy number printed on it like an OMR Sheet. Mention one thing but the questions were 100% objective multiple types. While the Railway Board Rule 196 dt. 14.12.2018 clearly says that all the promotional exams should be on CBT Mode or on OMR SHEET. 

In the past the administration had been conducting the same exams on the OMR Sheet. Before this exam the administration has continuously conducted three such exams of JE on OMR Sheet and many other departmental exams also on OMR. The plain answer sheets can easily be changed with another one who has the approach but the OMR sheets are difficult to change as they are kept under the custody of two different officers at different places. And so the OMR Sheets are more reliable. 

When the Railway Board has ordered to conduct the promotional exam on CBT or OMR Sheet, how can the administration force us to write the exam on Plain sheet? When the administration was continuously conducting the same exams in the past on OMR Sheet then why this time not? Should the administration re-conduct the exam? Result is about to be published. What can we do to cancel this exam and to have a fresh exam? Thank you.

Question from: West Bengal

This is serious malpractice because it directly affects the authenticity and genuineness of the examination. When the other examinations are conducted by the same board on OMR sheets then the board has to follow the same procedure in this examination also.

Examination on plain paper gives an opportunity to manipulate the answer. Thereby, the board can easily qualify the candidate of its own choice.

In Union Public Service Commission v. Girish Jayanti Lal Vaghela (2006) 2 SCC 482 the Supreme Court has held that the selection procedure which did not give fair chance to the candidate to compete in the examination violates the fundamental right. You should file a writ petition before the High Court under Article 226 of the Constitution of India for cancellation of the examination and issuing a mandamus writ.

The High Court will cancel the examination and direct the board, through the mandamus writ, to conduct a fresh examination on the OMR sheets.

Ask A Question

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

I offer legal advice and representation in various fields of law, such as Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue and SARFAESI related cases. I have experience in handling complex and challenging cases with diligence and professionalism.

Also Read

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.