1 S.B. CIVIL WRIT PETITION NO.3941/2007 Miss Divya Choudhary vs Rajasthan University of Health Sciences, Jaipur & Anr. DATE OF ORDER : - 12.7.2007 HON'BLE MR.PRAKASH TATIA,J. Mr.Dinesh Mehta,for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner appeared in the examination for RPMT-07. As per the instructions for examination, the petitioner was supplied one OMR answer sheet. How the answer sheet should have been filled in is given in the instructions for examination supplied to all the candidates. Copy of the instructions is placed on record by the petitioner is at page no.25. The relevant condition is as under : - “All circles will be empty in the OMR answer sheets supplied in the examination hall. The candidate should blacken only one circle corresponding to the correct answer. No change in the answer once marked is allowed. If more than one circles are found blackened for the answer of one question, it will be deemed as incorrect answer and shall be negatively marked (“-1” mark shall be awarded for such incorrect answer).” 2 According to learned counsel for the petitioner, the petitioner though put some marks on some letters in the answer sheet, but she rubbed those marks and cleared those marks. The petitioner blacken the circles as required by the instructions. The guidelines as mentioned above clearly provides that in case more than one circles are found blacken for the answer of one question then only that answer can be treated to be incorrect answer and in that situation, negative mark can be awarded. According to learned counsel for the petitioner since petitioner's answer sheet contained no more than one blacken circle, therefore, she could not have been awarded negative marks. From the instructions issued for the examination it is clear that in the answer sheet (i) candidate should blacken only one circle, (ii) no change in the answer once marked is allowed and, thereafter, it is mentioned that if more than one circles are found blacken for the answer of one question then negative mark will be there. Admitted case is that the petitioner dealt with the OMR answer sheet and put marks and those markings have been read by the software then the petitioner cannot say that by rubbing of once marked answer stands cleared and since they were not blacken as whitener was used, therefore, she could not have been awarded negative marks. The candidates are required to follow the procedure in its full effect. 3 In view of the above reason if the absolutely impartial machine has read the answer on the basis of act of the petitioner, no relief can be granted to the petitioner. Hence, the writ petition of the petitioner is dismissed. (PRAKASH TATIA), J. c.p.goyal/-