Vanita Zumber Londhe Alias Vanit W/O Mahavir Wagaj v. The State Of Maharashtra Thr. Its Chief Secretary And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14201 OF 2024 Vanita Zumber Londhe @ Vanit W/o Mahavir Wagaj
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Anshuman Deshmukh, Advocate for the Petitioner. Mr. M.M. Pable, AGP for Respondent No.1/State. Ms. Priyanka Chavan, Advocate for Respondent Nos.2 & 3. Ms. Ayesha Martin, Divisional Head Client Relations-II (CR-II), IBPS, present in person.
CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 13th FEBRUARY, 2025 P.C. :- by SUNNY ANKUSHRAO THOTE Date:
2025.02.14 16:14:10 +0530 SUNNY ANKUSHRAO THOTE 1.
On 11th February, 2025, we had passed a following order :- "1. Having heard the learned Advocates for the Petitioner and the Zilla Parishad, and the learned AGP for the State, we do not find that this Petition needs to be entertained, since the Petitioner was evaluated for the right answers. Whether she was wrongly deprived of any marks for purportedly right answers, that we find that the Petitioner can be given the answer key. She would at least get an opportunity to assess as to which were her wrong answers and prepare herself better for future exams.
2.
The learned Advocates representing these parties are circumspect as to whether the Rules permit supplying of the answer key.
3.
Hence, we convey to the learned Advocate for the Zilla Parishad to ensure that the concerned Officer of the Institute of Banking Personnel Selection (IBPS), Respondent No.3, is present in the Court along with the records.
4.
Stand over to 13th February, 2025, in the supplementary board."
2.
The learned Advocate representing the Zilla Parishad, is instructed by an Officer from IBPS, who is present in the Court. She has placed before us a sealed envelope which contains the 'online OMR Sheet' and the 'Key Dump (right answers)'. These documents were shown to us after the sealed envelope was opened in the Court. 3.
She further points out Clause No.1.18 of the MOU between Respondent No.3, IBPS, with Respondent No.2, Zilla Parishad, which reads as under :- "1.18 The test papers are not disclosed to any third person other than the candidates only during the examination. The test papers are also not shared with anybody even after the examination(s). In case of any dispute, IBPS shall provide the ad seriatim responses of aggrieved candidates, if any and the corresponding right answers."
4.
In view of the above, we have returned the two documents to the learned Advocate for the Zilla Parishad.
5.
At Page No.91, the Petitioner has tendered a copy of his Application filed under the Right to Information Act, 2005, seeking the online copy of the OMR Sheet and the Key Dump (right answers).
6.
In view thereof, considering Clause No.1.18, we direct the Petitioner to remain present in the office of the Law Officer, Zilla Parishad, Solapur on 20th February, 2025 at 12:00 noon and collect the printout of the online OMR Sheet and the Key Dump (right answers).
7.
If the Petitioner is aggrieved by any aspect of the matter, he is at liberty to avail of a remedy, as is permissible in law. 8.
With the above directions, this Writ Petition is disposed off.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)