UPTET/ Allahabad Highcourt : No Relaxation Beyond 5% i.e Minimum Pass Marks is 55%

UPTET/ Allahabad Highcourt : No Relaxation Beyond 5% i.e Minimum Pass Marks is 55%

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HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. 30 

Civil Misc. Writ Petition No. 48371 of 2012 

Brij Mohan Yadav & others 

Versus 

State of U.P. and others 

Hon'ble V.K.Shukla,J 
Petitioners have rushed to this Court contending therein that in U.P. Teachers Eligibility Test Examination 2012 minimum qualifying marks has been provided for. It has been mentioned that the petitioners have appeared in UPTET Examination 2012, and as minimum qualifying marks has been provided for that the candidates securing 60 and above marks will be issued UPTET certificate and petitioners have failed to acquire the same. In the advertisement has been provided that qualifying the UPTET would not confer a right on any person for recruitment/employment as it is only one of the eligibility criteria for appointment and it is only one of the eligibility criteria for appointment. 5% relaxation of marks has been conferred on candidates belonging to SC/ST/OBC/MOBC/PWD (Person with Disability) (PH). 
Each one of the petitioner had undertaken examination and had failed to make place for themselves. At this juncture petitioners have rushed to this Court. Petitioner nos. 1 and 2 belongs to the Backward Class and petitioner no. 3 belongs to General Caste and is handicapped and petitioner no. 4 is the Scheduled caste and all the petitioners claim that they fall in the category of candidate whose marks can be relaxed. 
Petitioners are contending that State Government has provided for 5% relaxation marks whereas Rajasthan Government in RTET 2012 has given 10% relaxation marks for SC/ST/OBC/MOBC of Male category and General Female. 15% marks for SC/ST/OBC/MOBC of Male and General Female, widow and divorcee lady. Further it has been mentioned that relaxation has been provided by Uttranchal Government also. Petitioner submits that in view of this much more relaxation should be accorded to the petitioner also. 
Each State has got its own authority to frame Rules and in regard to relaxation of marks if State Government as per policy decision has taken to extend benefit limited to 5% then petitioners who have failed to make place for themselves after undertaking the examination cannot insisted as matter of right that on similar line as relaxation has been accorded by the Rajasthan Government and other States similar benefit be extended to them also. 
Social conditions vary from State to State, in view this policy decision taken cannot be faulted and as such no writ of mandamus can be issued for framing policy in a particular direction.
In view of this present writ petition is dismissed.
Dated 20.09.2012
Dhruv


Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2102325