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NAUKRI News - GRACE MARKS SE BANEE 1ST DIV KO NAHIN KIYA CONSIDER
SARKAREE VAKEEL NE KAHA KI AB COUNSELING POOREE HO CHUKEE HAI, AUR APPOINTMENT LETTER DIYE JAANE BAKEE HAIN.
COURT NE KAHA KI AGAR VACANCY HAI TO DEKHA JAYE KI GRACE MARKSE SE 1ST DIV KO CONSIDER KIYA JA SAKTA HAI YA NAHIN.
AGAR CONSIDER KIYA JA SAKTA HAI TO YACHEE KO RAHAT DEE JAYE
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 2838 of 2015
Petitioner :- Indumati
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Vineet Kumar Yadav,Prabhat Kumar Singh
Counsel for Respondent :- C.S.C.,S.K. Singh
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner submits that she has obtained 419 marks out of 700 marks in theory and 252 marks out of 300 marks in practical in B.Ed.Examination, 2009 which was conducted by Chaudhary Charan Singh University, Meerut. As per statement of marks obtained from the university, it appears that as per statute of the university, the petitioner was given one grace mark and her division has been indicated as first, though she has obtained 419 marks only. In the application form for appointment of Assistant teacher in Upper Primary level school� i.e. class 6 to 8 in the column provided for indicating marks of theory the petitioner has mentioned her marks as 419 without adding one grace marks, on account of which she has passed� in theory in First Division in B.Ed. Examination, 2009.
Submission is that,� in case, the� division of the petitioner� is� treated as "first",� she�� would attain� 65.5 quality point marks which is more than cut off merit i.e. 65.21 for� counseling� in� District Kanpur� Nagar. The counseling� was held on 7.1.2015, however, the petitioner was not permitted to�� participate� in the counseling for the reason� that she has� obtained lesser� quality point marks than 65.2� marks.� She has�� submitted � a detailed� representation to� respondent Nos. 2� and� 3�� mentioning therein� entire facts and with request to allow her to make� correction in the application form.� No response� has been received and hence this writ petition.�
Admittedly, the petitioner has obtained� 419 marks� out of� 700 marks� in theory� paper of� B.Ed. Examination, 2009. As per the university. Rules, she was given one grace mark and her division was described as� "first".� It� appears that there is no column in the application form� to� mention�� the division� of� candidate in theory and practical papers.�
The question as to whether� one grace mark awarded to the petitioner� to award her first division can be considered by the� Director of�� State� Council of� Education, Research and� Training, U.P. i.e. respondent no. 2.
However, at this� juncture, learned� Standing� Cousnel� informs that� counseling � as against 27,000 vacancies� of� Assistant� Teachers in upper� level primary� schools is over and the appointment letters�� are� being issued to the selected candidates.
As the matter requires adjudication on the� part of respondent no.2,� this Court is of the view that at the first instance, the claim of the petitioner be examined by respondent no.2.
The writ petition is, therefore, disposed of with the following directions:-
1) The petitioner shall make a comprehensive representation before respondent no. 2 alongwith certified copy of this order within� two weeks.
2) In the event of� such an application filed by the petitioner,� the respondent no. 2 shall take an appropriate� decision as to whether� the petitioner is entitled for addition of� one� grace mark and� first division awarded by the� university in "theory� paper" of� B.Ed. Examination, 2009.
3) In case, the petitioner is found� entitled for consideration/addition� of one� grace mark in theory paper� in the� B.Ed. Examination, 2009 and further, in case,� any� vacancy exists for the post of� Assistant� Teacher as against the advertised� 27,000 posts in upper level primary schools and� any fresh� counseling� is held, the petitioner's� candidature may be considered.
4)� A reasoned and speaking order shall be� passed in accordance with law by the respondent No.2 expeditiously, preferably within 15 days from the date of submission of� application by the petitioner.
5) The decision� taken shall be� communicated to the petitioner� immediately.
Order Date :- 23.1.2015
P.P.
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SARKAREE VAKEEL NE KAHA KI AB COUNSELING POOREE HO CHUKEE HAI, AUR APPOINTMENT LETTER DIYE JAANE BAKEE HAIN.
COURT NE KAHA KI AGAR VACANCY HAI TO DEKHA JAYE KI GRACE MARKSE SE 1ST DIV KO CONSIDER KIYA JA SAKTA HAI YA NAHIN.
AGAR CONSIDER KIYA JA SAKTA HAI TO YACHEE KO RAHAT DEE JAYE
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 2838 of 2015
Petitioner :- Indumati
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Vineet Kumar Yadav,Prabhat Kumar Singh
Counsel for Respondent :- C.S.C.,S.K. Singh
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner submits that she has obtained 419 marks out of 700 marks in theory and 252 marks out of 300 marks in practical in B.Ed.Examination, 2009 which was conducted by Chaudhary Charan Singh University, Meerut. As per statement of marks obtained from the university, it appears that as per statute of the university, the petitioner was given one grace mark and her division has been indicated as first, though she has obtained 419 marks only. In the application form for appointment of Assistant teacher in Upper Primary level school� i.e. class 6 to 8 in the column provided for indicating marks of theory the petitioner has mentioned her marks as 419 without adding one grace marks, on account of which she has passed� in theory in First Division in B.Ed. Examination, 2009.
Submission is that,� in case, the� division of the petitioner� is� treated as "first",� she�� would attain� 65.5 quality point marks which is more than cut off merit i.e. 65.21 for� counseling� in� District Kanpur� Nagar. The counseling� was held on 7.1.2015, however, the petitioner was not permitted to�� participate� in the counseling for the reason� that she has� obtained lesser� quality point marks than 65.2� marks.� She has�� submitted � a detailed� representation to� respondent Nos. 2� and� 3�� mentioning therein� entire facts and with request to allow her to make� correction in the application form.� No response� has been received and hence this writ petition.�
Admittedly, the petitioner has obtained� 419 marks� out of� 700 marks� in theory� paper of� B.Ed. Examination, 2009. As per the university. Rules, she was given one grace mark and her division was described as� "first".� It� appears that there is no column in the application form� to� mention�� the division� of� candidate in theory and practical papers.�
The question as to whether� one grace mark awarded to the petitioner� to award her first division can be considered by the� Director of�� State� Council of� Education, Research and� Training, U.P. i.e. respondent no. 2.
However, at this� juncture, learned� Standing� Cousnel� informs that� counseling � as against 27,000 vacancies� of� Assistant� Teachers in upper� level primary� schools is over and the appointment letters�� are� being issued to the selected candidates.
As the matter requires adjudication on the� part of respondent no.2,� this Court is of the view that at the first instance, the claim of the petitioner be examined by respondent no.2.
The writ petition is, therefore, disposed of with the following directions:-
1) The petitioner shall make a comprehensive representation before respondent no. 2 alongwith certified copy of this order within� two weeks.
2) In the event of� such an application filed by the petitioner,� the respondent no. 2 shall take an appropriate� decision as to whether� the petitioner is entitled for addition of� one� grace mark and� first division awarded by the� university in "theory� paper" of� B.Ed. Examination, 2009.
3) In case, the petitioner is found� entitled for consideration/addition� of one� grace mark in theory paper� in the� B.Ed. Examination, 2009 and further, in case,� any� vacancy exists for the post of� Assistant� Teacher as against the advertised� 27,000 posts in upper level primary schools and� any fresh� counseling� is held, the petitioner's� candidature may be considered.
4)� A reasoned and speaking order shall be� passed in accordance with law by the respondent No.2 expeditiously, preferably within 15 days from the date of submission of� application by the petitioner.
5) The decision� taken shall be� communicated to the petitioner� immediately.
Order Date :- 23.1.2015
P.P.
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