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KM. SWETA SINHA versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Km. Sweta Sinha v. State Of U.P. And Another - WRIT - A No. - 51060 of 2007 [2007] RD-AH 17485 (6 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and the learned standing counsel.

By this writ petition the petitioner has prayed for a writ of certiorari quashing the remark mentioned by the respondent no. 2 cancelling the candidature of the petitioner for Special B.T.C. Training Course 2007. Petitioner has applied in pursuance of the advertisement showing marks of Intermediate 676. The petitioner's candidature has been cancelled with the remark "total of Inter is wrong". Learned counsel for the petitioner submits that the remark given by the respondents for cancelling the candidature of the petitioner is misconceived. He has relied on the mark sheet of Intermediate as well as the the instructions contained therein. Learned counsel for the petitioner has relied on paragraph 6 of the instructions which is quoted as below :-

" The marks obtained by a candidate in vocational subjects over and above 30 (theory & practical taken together ) will be added in aggregate to improve his/her result and determine division. This advantage will be available only to such candidates who have appeared at the examination in both in theory and practical papers."

In the counter affidavit it has been admitted that the instructions were not there before the respondents hence they have made the said remark. The instructions No. 6 has been annexed along with Annexure-2 to the writ petition which clearly indicate that the marks obtained by the petitioner over and above 30 are to be added in aggregate to improve her result. Thus the reason given by the respondent for rejecting the candidature of the petitioner is misconceived.

In view of aforesaid the petitioner has made out a case for grant of relief. The remark in the List of cancelled Forms Annexure-7 to the writ petition in so far as the petitioner is concerned is set aside. The respondents are directed to consider the candidature of the petitioner for Special B.T.C. Training Course -2007 according to her merit in accordance with law.

With the above observations the writ petition is disposed of.

D/-6.11.2007

SCS/51060


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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