KALYAN BHATPRAHARI v. CHHATTISGARH PROFESSIONAL EXAMINATION BOARD
WPS/8137/2022 · 2026-07-28
Shri Rakesh Mohan Pandey
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 30463 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30463 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010379952022
2026:CGHC:32700
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8137 of 2022 Kalyan Bhatprahari S/o Dileep Bhatprahari Aged About 33 Years R/o Junwani, Po Gidhpuri, Balodabazar, District Bbhatapara- Balodabazar, Chhattisgarh
... Petitioner(s) versus
1. Chhattisgarh Professional Examination Board Through Chairman, Vyapam Bhavan, North Block, Sector-19, Atal Nagar, Nava Raipur,
Chhattisgarh
492001. 2. State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur
(Chhattisgarh). 3. Public Information Officer Cg Vyapam, Vyapam Bhavan, North Block, Sector-19, Atal Nagar, Nava Raipur, Chhattisgarh 492001. ... Respondent(s) For Petitioner : Mr. Aman Pandey, Advocate For Respondents No.
1 and 3/ VYAPAM : Dr. Saurabh Kumar Pande, Advocate For Respondent No. 2/ STATE Mr. R.C.S. Deo, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 29.7.2026 1) By way of this petition, the petitioner has sought following reliefs:- i. To issue a writ and / or an order in the nature of appropriate writ calling the relevant records relating to the petitioner's case for its kind perusal. 2 ii. To issue a writ and/or an order in the nature of appropriate writ directing the respondent authorities to quash the fabricated OMR-sheet provided under Right to Information Act, 2005 dated 19.07.2022 and consider the OMR-sheet (carbon Copy) of the petitioner and re-evaluate his OMR sheet within a period of 60 days in the light of applicable laws and rules; iii. To issue a writ, order or direction in the nature of appropriate writ directing the respondent authority to reserve a seat for the petitioner having Roll No.25070383for the post of Food Inspector (FCSI- 2022) conducted by the respondents; iv. To issue a writ and/or an order in the nature of appropriate writ directing the respondent authorities to consider the representations of the petitioner. v. Any other relief as deemed fit by this Hon'ble Court may also be granted in favour of the petitioner. 2) Facts of the present case are that an advertisement was issued by Chhattisgarh Professional Examination Board on 4.1.2022 for appointment to the posts of Food Inspector. Written examination was conducted in offline mode wherein question paper booklet was provided which contained 200 questions. Candidates were required to fill the OMR sheets and carbon copy was attached to it. Petitioner participated in the written examination and model answer key was published on 19.3.2022.
Thereafter, final result was published on 8.4.2022 wherein petitioner scored 13.128 marks out of 200. Petitioner applied for copy of OMR sheet under RTI and the same was supplied. Petitioner has alleged that OMR sheet filled by the petitioner has been manipulated and he scored 157 marks which is evident from the carbon copy available with him. 3 3) Mr. Aman Pandey, learned counsel for the petitioner submits that according to the carbon copy of OMR sheet, petitioner scored 157 marks out of 200 thus he should have been in the merit list but in the result declared on 8.4.2022, petitioner only scored 13.128 marks. He further submits that his OMR sheet was either changed or manipulated by the respondent authorities. He prays for a direction to quash the fabricated OMR sheet and re-evaluate the same on the basis of carbon copy available with him. 4) On the other hand, Dr. Saurabh Kumar Pande, learned counsel appearing for the Chhattisgarh Professional Examination Board submits that OMR sheets were filled by black/ blue colour ball point pen and it was not possible for the Chhattisgarh Professional Examination Board to manipulate such OMR sheet. He further submits that though carbon copy of OMR sheet was secured by the petitioner but merely on the basis of a carbon copy, direction cannot not be issued for re-evaluation. He also submits that allegations made against the respondents are baseless and this petition deserves to be dismissed. 5) Mr. R.C.S. Deo, Panel Lawyer for the State would support the contention made by Dr. Pande. 6) I have heard learned counsel for the parties and perused the material available on record. 7) This Court on 20.6.2024 directed the Chhattisgarh Professional Examination Board to submit the original OMR sheet of the
4 petitioner and the same has been placed on record during the course of hearing. 8) A careful perusal of this OMR sheet would indicate that it contains name and signature of the petitioner.
The signature of the petitioner present on this OMR sheet matches with the signature put by the petitioner on affidavit dated 14.11.2022 filed before this Court. Further, the OMR sheet contains signatures of two invigilators. Also, the OMR sheet was filled with black/ blue colour ball point pen therefore it was not possible for the respondent authorities to manipulate or change the OMR sheet submitted by the petitioner. Although the petitioner has produced a carbon copy of the OMR sheet, it cannot be relied upon, as its chain of custody remains unverified by this Court. 9) Thus, on the basis of allegation simpliciter, no direction can be issued to the respondent authorities to consider the carbon copy submitted by the petitioner and re-evaluate it. 10) Consequently, this writ petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.08.03 14:41:55 +0530