Allahabad Highcourt Directed to Accept This Application
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- MISC. SINGLE No. - 611 of 2012
Petitioner :- Shama Afroz
Respondent :- The State Of U.P. Through Secretary Basic Education &Another
Petitioner Counsel :- Vivek Kumar Mishra,Sachchidanand
Respondent Counsel :- C.S.C.
Hon'ble Shabihul Hasnain,J.
Heard Sri Vivek Kumar Mishra, learned counsel for the petitioner and learned Additional Chief Standing counsel for the State.
The petitioner had appeared in Teachers' Eligibility Test. The result of the test was declared on 25.11.2011. Petitioner was declared failed. There was a provision for scrutiny. The petitioner applied for the same. As a result of the scrutiny, the petitioner was declared passed on 11.1.2012. Meanwhile, the candidates who were declared passed in the earlier results, were required to apply for appointment on the post of Assistant Teacher� latest by 9.1.2012. It is very obvious that the last date for applying for appointment is two days earlier to the date of declaration of the result of scrutiny. The petitioner applied for appointemnt only after the declaration of the result on 11.1.2012. She applied on 13.1.2012 but her case has been rejected on the ground that the application is delayed. Prima facie this argument and the reasoning of the opposite parties is fallacious and arbitrary. Scrutiny means correction of mistake on the part of the examining body itself. There is no fault of the candidate in any manner. If the calculation has not been done by the examiner correctly, the candidate can not be made to suffer in any manner.
In the present case, the petitioner has been declared passed after scrutiny. It means that the examining body or the examiner was at fault. The petitioner can not be penalized for the fault of the examining body or the examiner. In all fairness, the date for sending the application for appointment on the post of Assistant Teacher should have been latter than the date of declaration of the scrutiny result. The petitioner after receiving the result of the scrutiny has promptly applied within two days. The case has been arbitrarily rejected.
Since the dates are accepted by the opposite parties, there is nothing in the controversy which requires any counter affidavit. It can be decided here and now on the basis of available material.
Accordingly, the petition is disposed of with the direction that the opposite parties will consider the case of the petitioner in the light of the observations of this Court and consider her case and accept the application of the petitioner as though it was within time and take appropriate decision with regard to the petitioner in accordance with the merits of the case.
Order Date :- 30.1.2012
Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1657294