• Faulty computer during exam

Respected sir,
I am an applicant of Direct rect. PA/SA examination 2014 (conducting
by department of posts of India), applied
for-28 Rajasthan. My regn. no. is DOP022417035. I was short listed for
computer skill test and my roll no. is 281710070499. I gave my present
in computer skill test on 22 sept 2014 at 09:00AM at ''Jaipuria
institute of management Pratap Nagar, Sanganer, Jaipur, 302033''.
During the skill test, my computer's keyboard was not working properly and I
felt some technical fault with it it can be due to hardware or
software problem and I also inform about this to the
invigilator again and again but still I were facing
problem. Due to this problem I could not perform my best and my time
was passing away.
(1)I have complained on the website www.indiapost.gov.in with the
complaint no. 10005898343, in which the department replied that my
complaint was not mentioned in the report presented by departmental
supervisor. There were not written instructions on the admit card
about departmental supervisor as we can complaint against hardware and
software problems appearing in the computer skill test to the
departmental supervisor or any person and vocal instructions were not
also available .I had informed to the invigilator about appeared
problems. (2)it is informed that there
were not any instruction as we can complain against the appearing
hardware and software problems during the computer skill test to the
invigilator or any person. However I had informed to the invigilator
about this but my time was passing. So I have complained about this on
the exam related email id- helpdesk.dopexam@gmail.com on 22 september
2014 at 10:42 pm & admitcardhelpdesk.dopexam@gmail.com on 23 september
2014 at 05:30 pm & cpmg_raj@indiapost.gov.in.
(3)I have lodged a grievance on the web portal www.pgportal.gov.in on
23 september 2014 in registration no. DPOST/E/2014/04643 but there is
not any reply from that as it is in under process. (4) It is possible
that the PA/SA examination conducting agency did not get checked and
varified that all the computers which were used in computer skill test
were not having any kind of fault including hardware and software and
they were appropriate and suitable to use in the computer skill test.
so it is against the rights of candidates according to the article 16
of indian constitute as similarity in employment occasion.  (5) there
were not any kind of arragement by examination conducting agency in
giving proof  of complaining by the candidates to the invigilators to
the candidates. So I was deprived from getting this kind of proof.
(6) I got more marks than of finaly selected candidates in Paper I and
final merit list is prepared on the performance in the Paper I  (7)
there can be many candidates who faced, are facing and would be faced
as the exam conducting agencies are not got checking and varifying
that all the computers which are using in computer skill test are not
having any kind of fault but it is possible that a machine may be
having any kind of fault. So this matter is of many candidates.(8) I
belong to schedule cast community and my family annual income is under
50000 rupees and I am not capable to file a case in honorable supreme
court and high court on my own expanses. so you are requested to
advice and help me in this matter in getting this job. please please
DISTRICT- NAGAUR STATE- RAJASTHAN PIN CODE- 341503 shivjirampalri@gmail.com
Asked 3 years ago in Civil Law from Nagaur, Rajasthan
1) let the final results be declared .

2) since you belong to scheduled caste there may be some seats reserved for candidates of sc/st 

3) if you  are not appointed for the post on account of poor marks in computer skill test you can file writ petition in HC challenging the results as inspite of repeated complaints regarding faulty computer made by you the department of Posts failed to redress the same . 

4) if you cant afford legal fees contact district legal aid center in this regard for help in filing writ petition
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

1. You should have insisted the invigilator to repord the matter and report to his superior,

2. However, you have done a good thing of recording the incidence before the result of the exam is out,

3. Send one more letter to the General Manager, P&T asking him to arrange for the said computer skill test afresh for you on the said ground which is not impossible since computer skill tests do not have common questions,

4. Being from SC category, you may take up the matter with SC Cell of Givt of India or the Ministry formed for the welfare of SCs,

5. If you do not get thriugh in the said examination on account of bad score in cumputer skill, you can file a Writ Petition against the P&T Organisation and the concerned Ministry.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

1. Your exam has taken place but the result has not been declared yet.

2. Until and unless the result is declared any legal action by your in a court of law will be premature. 

3. You had informed the invigilator and also sent emails drawing the attention of the competent authority to the fault in the computer due to which you could not perform to the optimum. To move court you have to show that prejudice has been occasioned to you due to the fault in the computers, which is possible only after the result is declared.

4. Wait till the declaration of the result and if you do not clear the computer test or secure less marks therein then you may move the Rajasthan High Court.

5. If you cannot afford the fees of a lawyer then the services of a lawyer at state expenditure may be obtained by applying to State Legal Services Authority, albeit as a word of caution it may be mentioned that lawyers on the panel of Legal Services Authority are somewhat infamous for not taking the case seriously.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

It is advisable that you wait for the final result to be declared before you proceed to take any legal action against them. If in the final result your name is not there then you can show the prejudice caused to you by the faulty computer system and produce all the particulars viz all the complaints filed by you and further response on the same.
Shaveta Sanghi
Advocate, Panchkula
885 Answers
64 Consultations

5.0 on 5.0

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