DB imposes costs on BOPEE

By
Daily Excelsior
-

Excelsior Correspondent
JAMMU, Feb 27: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Alok Aradhe today imposed costs on Board of Professional Entrance Examination (BOPEE) for negligence on the part of Invigilator.
The costs have been imposed in a LPA filed by BOPEE against the judgment of writ court where directions were issued for evaluation of OMR answer-sheet of Paper-II of Pankaj Sharma while taking the Question Booklet Series “B” instead of “A” and withdrawal of the merit of the respondent No.1.
After hearing Advocate Asheesh Singh Kotwal for the BOPEE whereas Senior Advocate Sunil Sethi with Advocate Paras Gupta for the Pankaj Sharma, daughter of Ravi Dutt Sharma of Sangrampur, the DB observed, “respondent is a meritorious candidate who got admission to PG Degree course in the year 2016. By virtue of inadvertent error committed by her as well as the negligence on the part of the Invigilator and Deputy Superintendent of the Examination Centre she lost her chance to get admission to PG degree course in the year 2015”.
“Thus we can safely hold that the quantum of compensation at Rs one lakh can be fixed. The negligence being on the part of the 1st respondent also, she can get 50% of the amount of compensation determined. Thus, this court is of the view that ends of justice would be met by awarding a sum of Rs 50,000 as compensation to the 1st respondent for the negligence committed by the Invigilator and Deputy Superintendent of the Examination Centre in not ensuring the fact that 1st respondent has wrongly mentioned Question Booklet Series A instead of B”, the DB said.
“As the mistake is on the part of Pankaj Sharma as well as the culpable negligence on the part of the Invigilator and Deputy Superintendent of the Examination Centre, we quantify the cost of litigation as Rs 25,000, of which the 1st respondent is entitled to get 50% only which shall be paid by the BOPEE”, the DB said, adding “compensation as well as the costs awarded amounting to Rs 62,500 shall be paid to the 1st respondent within a period of four weeks from the date of receipt of copy of this order”.


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