Abha vs State Of U.P. And Others
2011 Latest Caselaw 3553 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 43834 of 2011
 

 
Petitioner :- Abha
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Sunil Kuamr Srivastava,Ashok Khare
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Dilip Gupta,J.

The petitioner has sought the quashing of the order dated 2nd June, 2011 passed by the Principal, District Institute of Education and Training Zafarpur, Azamgarh by which the selection of the petitioner for B.T.C. Training has been cancelled for the reason that respondent no.7-Nirakari Susum has obtained 198.14 marks as against 196.99 marks obtained by the petitioner.

It is submitted by Sri Ashok Khare, learned Senior Counsel for the petitioner that by the order dated 13th February, 2011 issued by the Principal, District Institute of Education and Training, the petitioner was granted admission to B.T.C. Training in the Purvanchal Mahavidyalaya, Ram Sunderpur, Rani Ki Sarai, District Azamgarh. The petitioner joined the training but subsequently an objection was raised by respondent no.7-Nirakari Susum that the list is not correct as graduation marks obtained by her in the IIIrd Year alone should be counted as was the system prevalent in Mumbai University from where she had graduated. It is his submission that because of this objection the marks of Nirakari Susum have increased to 198.14 though under the relevant Government Order relating to admission to B.T.C. Training, the marks of all the three years of Graduation are required to be considered and this is what was followed while granting admission to the petitioner and other candidates. He, therefore, submits that the impugned order deserves to be set aside.

The matter requires examination.

Learned Standing Counsel appears for respondent Nos. 1 to 5. Issue notice to respondent Nos. 6 and 7 by registered post. Steps may be taken within a week.

The respondents may file the counter affidavit within a period of four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List this petition for admission/hearing in the week commencing 26th September, 2011.

In view of the submissions advanced by learned Senior Counsel for the petitioner, it is ordered that till the next date of listing, the operation of the order dated 2nd June, 2011 shall remain stayed and the petitioner shall be permitted to continue her training and appear at the examination. The appearance of the petitioner at the examination shall be provisional and shall be subject to the decision of the writ petition.

Order Date :- 4.8.2011

SK