Asha vs State Of U.P. And 3 Others
2023 Latest Caselaw 13377 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 7372 of 2023
 

 
Petitioner :- Asha
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ramesh Kumar Shukla
 
Counsel for Respondent :- CSC,Ashok Kumar Yadav
 

 
Hon'ble Saurabh Srivastava,J.

Heard Ms. Smriti Gupta holding brief of Shri Ramesh Kumar Shukla, learned counsel for the petitioner and Shri A.K.Yadav, learned Additional C.S.C appearing on behalf of the respondents.

2. This writ petition has been preferred with the following prayers-

I. A writ, order or direction in the nature of certiorari quashing the impugned order dated 6.4.2021 passed by respondent no.3 (contained as Annexure No.01 to the writ petition).

II. A writ, order or direction in the nature of mandamus directing the respondent authorities to join the petitioner as an Assistant Teacher in the office of Basic Education Officer, District Mathura, in view of the judgment and order dated 29.6.2021 passed by Hon'ble Apex Court in Writ Petition (Civil) No. 378 of 2021.

3. The case of the petitioner is that due to some misconception the entry has been made with regard to filling of the marks pertaining to D.Ed. (Certificate) examination which culminated into rejection of the selection in pursuance to the judgment and order dated 29.6.2021 passed by Hon'ble Apex Court in Writ Petition (Civil) No.378 of 2021 (under Article 32 of the Constitution of India), wherein it has been held that the projection of marks by way of mistake by concerned candidate was to his disadvantage, the said candidate would be entitled to have his candidature considered and reckoned at the disadvantage level some of the records shows that even with the such disadvantage the candidate was entitled to be selected.

4. Candidature of the petitioner was considered and rejected on the ground of the calculation of the marks which had been wrongly filled up by the petitioner.

5. Per contra learned Additional Chief Standing Counsel although vehemently opposed the prayer as made in the writ petition but showed his agreement if the direction may be issued to the competent authority for deciding the claim of the petitioner within the stipulated time granted by this court.

6. Be that as it may, without entering into the merit of the matter, if there is no other legal impediment available before the answering respondent, if the petitioner prefers a fresh representation by way of disclosing the separate marks obtained in the practical and written examination as conducted while pursuing the D.Ed (Certificate) examination, the same may be considered within next two months from the date of receiving of the representation as directed above.

7. In view of the aforesaid directions, the writ petition stands disposed of.

Order Date :- 28.4.2023

Rakesh